STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
SIXTY-SECOND
DAY
Saint Paul, Minnesota, Monday, May 20, 2013
The House of Representatives convened at
11:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Dr.
Jules Erickson, All Saints Lutheran Church, Cottage Grove, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
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
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
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.
Hackbarth, Mack and McDonald were excused
until 11:35 a.m. Schomacker was excused
until 11:45 a.m. Peppin and Sanders were
excused until 11:50 a.m. Zellers was
excused until 12:00 noon. Franson was
excused until 12:05 p.m. Garofalo and
Lohmer were excused until 12:25 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.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 16,
2013
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. Nos. 760, 767, 1284, 634 and 459.
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 2013 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 2013 |
Date Filed 2013 |
760 62 5:31
p.m. May 16 May
16
767 63 5:31
p.m. May 16 May
16
340 64 5:33 p.m. May 16 May
16
250 65 5:34
p.m. May 16 May
16
1564 66 5:35
p.m. May 16 May
16
1284 67 5:36
p.m. May 16 May
16
634 68 5:37
p.m. May 16 May
16
683 69 5:38
p.m. May 16 May
16
1234 70 5:40
p.m. May 16 May
16
459 71 5:41
p.m. May 16 May
16
Sincerely,
Mark
Ritchie
Secretary
of State
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. 853, A bill for an act relating to public safety; fire and police department aid; modifying threshold for financial reports and audits; amending Minnesota Statutes 2012, section 69.051, subdivision 1.
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. 1792, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.
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. 1823, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article IV, section 9; authorizing a council to establish salaries for legislators; changing the composition of the Compensation Council; amending Minnesota Statutes 2012, section 15A.082, subdivisions 1, 2, 3.
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. 1160, A bill for an act relating to judiciary; imposing certain court fees and surcharge; creating a court technology account in the special revenue fund; reimbursing certain expenses of Court of Appeals judges; modifying certain provisions related to guardians and conservators; appropriating money for judiciary, guardian ad litem board, tax court, Board on Judicial Standards, Board of Public Defense, Uniform Laws Commission, and sentencing guidelines; amending Minnesota Statutes 2012, sections 245C.32, subdivision 2; 357.021, subdivisions 6, 7, by adding a subdivision; 357.022; 480A.02, subdivision 7; 524.5-118, subdivision 1, by adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 629.59.
JoAnne M. Zoff, Secretary of the Senate
Hausman moved that the House refuse to
concur in the Senate amendments to H. F. No. 1160, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 271 and 827.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING
OF SENATE BILLS
S. F. No. 271, A bill for an act relating to transportation; modifying application procedures and requirements for driver's license; creating driving privilege license and setting fee for issuance; amending Minnesota Statutes 2012, sections 171.01, subdivisions 37, 49a, by adding a subdivision; 171.06, subdivisions 1, 2, 3; 171.07, subdivision 1.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 827, A bill for an act relating to legislative enactments; correcting erroneous, ambiguous, and omitted text and obsolete references; removing redundant, conflicting, and superseded provisions; making miscellaneous corrections to laws, statutes, and rules; amending Minnesota Statutes 2012, sections 13.08, subdivision 4; 13.3806, by adding a subdivision; 13.383, subdivision 11a; 13.461, subdivision 2; 13.7191, subdivision 14; 13.7905, by adding a subdivision; 13.7931, by adding a subdivision; 13.82, subdivision 5; 13B.06, subdivisions 4, 7; 13B.07, subdivision 7; 14.57; 14.63; 15A.0815, subdivision 1; 15B.155, subdivision 4; 16A.727; 16A.965, subdivision 2; 28.04; 28A.0752, subdivision 1; 28A.085, subdivision 1; 29.21, subdivision 1; 29.22, subdivision 5; 31.02; 31.095; 31.15; 31.51, subdivision 1; 31.56, subdivision 1; 31.59, subdivision 1; 31.632; 31.671; 82.67, subdivision 1; 116.182, subdivision 5; 124D.111, subdivision 1; 126C.05, subdivision 15; 144.10; 144.125, subdivision 7; 144.56, subdivision 2; 148.65, subdivision 4; 148.741; 148B.591; 148D.061, subdivision 1; 150A.06, subdivision 2c; 169.011, by adding a subdivision; 216B.16, subdivision 6b; 216B.164, subdivision 9; 232.20; 232.21, subdivision 1;
232.24; 243.1606, subdivision 1; 245D.03, subdivision 2; 252.27, subdivision 2a; 256B.055, subdivision 1; 256B.0595, subdivision 4; 256J.21, subdivision 2; 256J.24, subdivision 3; 257.0755, subdivision 3; 257.0769, subdivision 1; 259.22, subdivision 4; 259.35, subdivision 1; 259.85, subdivision 1; 260C.007, subdivisions 6, 8; 260C.178, subdivision 1; 260C.503, subdivision 2; 272.488, subdivision 2; 275.066; 297E.021, subdivision 4; 299A.642, subdivision 4; 299A.78, subdivision 1; 299L.02, by adding a subdivision; 308A.931, subdivision 2; 336.9-313; 360.046, subdivision 1; 383A.13, subdivision 4; 390.32, subdivision 9; 463.04; 465.05; 469.169, subdivisions 12, 14, 15, 16, 17, 18; 469.1763, subdivision 2; 471.982, subdivision 3; 473J.14; 504B.285, subdivision 1c; 518B.02, subdivision 3; 524.3-803; 580.041, subdivision 2a; 609.233, subdivision 1a; 609B.445; 611A.02, subdivisions 2, 3; 611A.201, subdivisions 1, 2, 5; 611A.37, subdivisions 2, 3; 611A.373; 611A.46; 611A.77, subdivisions 1, 2, 3; 626.556, subdivision 2; 626.9517, subdivision 1; 629.341, subdivision 4; Laws 2010, chapter 375, section 11; Laws 2012, chapter 199, section 6; Laws 2012, chapter 293, section 13, subdivision 3; repealing Minnesota Statutes 2012, sections 2.031, subdivision 2; 2.444; 2.484; 13.717, subdivisions 6, 7; 260C.301, subdivision 3; 325E.3161; 473.618; Laws 2007, chapter 85, section 3; Laws 2012, chapter 216, article 9, section 4; Minnesota Rules, part 7200.0100, subpart 3a.
The bill was read for the first time.
DECLARATION OF URGENCY
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Yarusso moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that S. F. No. 827 be given its second and third readings and be placed upon its final passage. The motion prevailed.
S. F. No. 827 was read for the second time.
S. F. No 827, A bill for an act relating to legislative enactments; correcting erroneous, ambiguous, and omitted text and obsolete references; removing redundant, conflicting, and superseded provisions; making miscellaneous corrections to laws, statutes, and rules; amending Minnesota Statutes 2012, sections 13.08, subdivision 4; 13.3806, by adding a subdivision; 13.383, subdivision 11a; 13.461, subdivision 2; 13.7191, subdivision 14; 13.7905, by adding a subdivision; 13.7931, by adding a subdivision; 13.82, subdivision 5; 13B.06, subdivisions 4, 7; 13B.07, subdivision 7; 14.57; 14.63; 15A.0815, subdivision 1; 15B.155, subdivision 4; 16A.727; 16A.965, subdivision 2; 28.04; 28A.0752, subdivision 1; 28A.085, subdivision 1; 29.21, subdivision 1; 29.22, subdivision 5; 31.02; 31.095; 31.15; 31.51, subdivision 1; 31.56, subdivision 1; 31.59, subdivision 1; 31.632; 31.671; 82.67, subdivision 1; 116.182, subdivision 5; 124D.111, subdivision 1; 126C.05, subdivision 15; 144.10; 144.125, subdivision 7; 144.56, subdivision 2; 148.65, subdivision 4; 148.741; 148B.591; 148D.061, subdivision 1; 150A.06, subdivision 2c; 169.011, by adding a subdivision; 216B.16, subdivision 6b; 216B.164, subdivision 9; 232.20; 232.21, subdivision 1; 232.24; 243.1606, subdivision 1; 245D.03, subdivision 2; 252.27, subdivision 2a; 256B.055, subdivision 1; 256B.0595, subdivision 4; 256J.21, subdivision 2; 256J.24, subdivision 3; 257.0755, subdivision 3; 257.0769, subdivision 1; 259.22, subdivision 4; 259.35, subdivision 1; 259.85, subdivision 1; 260C.007, subdivisions 6, 8; 260C.178, subdivision 1; 260C.503, subdivision 2; 272.488, subdivision 2; 275.066; 297E.021, subdivision 4; 299A.642, subdivision 4; 299A.78, subdivision 1; 299L.02, by adding a subdivision; 308A.931, subdivision 2; 336.9-313; 360.046, subdivision 1; 383A.13, subdivision 4; 390.32, subdivision 9; 463.04; 465.05; 469.169, subdivisions 12, 14, 15, 16, 17, 18; 469.1763, subdivision 2; 471.982, subdivision 3; 473J.14; 504B.285, subdivision 1c; 518B.02, subdivision 3; 524.3-803; 580.041, subdivision 2a; 609.233, subdivision 1a; 609B.445; 611A.02, subdivisions 2, 3; 611A.201, subdivisions 1, 2, 5; 611A.37, subdivisions 2, 3; 611A.373; 611A.46; 611A.77, subdivisions 1, 2, 3; 626.556, subdivision 2; 626.9517, subdivision 1; 629.341, subdivision 4; Laws 2010, chapter 375, section 11; Laws 2012, chapter 199, section 6; Laws 2012, chapter 293, section 13, subdivision 3; repealing Minnesota Statutes 2012, sections 2.031, subdivision 2; 2.444; 2.484; 13.717, subdivisions 6, 7; 260C.301, subdivision 3; 325E.3161; 473.618; Laws 2007, chapter 85, section 3; Laws 2012, chapter 216, article 9, section 4; Minnesota Rules, part 7200.0100, subpart 3a.
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:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
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.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
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
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
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.
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 1270.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the
House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1270
A bill for an act relating to transportation; modifying provisions governing transportation and public safety policies, including highway signs, highway jurisdictions, accounts, state-aid definitions and variances, vehicle registration and license plates, record retention, conformance with federal law, motor vehicle dealers, type III vehicles, bicycle lanes, speed limit, disability parking, school bus safety, vehicle weights, background checks, senior identification cards, Department of Transportation offices and ombudsperson and surplus land, railroad crossing signs, bus rapid transit, transit planning, operations, and accessibility, and land conveyance; amending Minnesota Statutes 2012, sections 160.80, subdivisions 1, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision; 161.1231, subdivision 8; 161.44, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a;
162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1, 2, 3, by adding a subdivision; 168B.15; 169.011, subdivision 71; 169.14, subdivision 2; 169.18, subdivisions 4, 7; 169.19, subdivision 1; 169.34, subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.824, subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 171.12, subdivision 6; 174.02, by adding a subdivision; 174.24, subdivision 5a; 219.17; 219.18; 219.20; 221.0314, subdivisions 2, 3a, 9a; 398A.04, by adding a subdivision; Laws 2002, chapter 393, section 85; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended; proposing coding for new law in Minnesota Statutes, chapters 171; 174; repealing Minnesota Statutes 2012, sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300, subpart 2; 8835.0330, subpart 2.
May 9, 2013
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1270 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 1270 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 160.21, subdivision 6, is amended to read:
Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or home rule charter city, may remove snow from unopened or private roads in uncompleted subdivisions containing five or more lots, upon adoption of an annual resolution finding that the subdivision developer, due to general insolvency or pending foreclosure, is unable to maintain the roads and that public safety may be jeopardized if the access of school buses, public works vehicles, or authorized emergency vehicles, as defined in section 169.011, subdivision 3, is obstructed. Snow removal activities are limited to streets reasonably necessary for access by these buses or vehicles.
(b) Snow removal under this subdivision does not constitute:
(1) acceptance of the road from the developer by the road authority for public use;
(2) the opening of the road to public use; nor
(3) a
use, repair, or maintenance of the road sufficient for the purposes of
dedication of roads under section 160.05.
(c) The road authority may impose a reasonable and proportionate charge on all properties within the subdivision for services provided under this subdivision. These charges, if unpaid, may constitute a lien upon the properties within the subdivision and may be collected as a special assessment as provided by section 429.101 or by charter.
(d) Where a road has been maintained pursuant to this subdivision, the road authority with jurisdiction over the road, and its officers and employees, are exempt from liability for any tort claim for injury to person or property arising from plowing, maintaining, or otherwise working on the road and from traveling on the road and related to its maintenance or condition. This paragraph does not apply to a claim for injury that is affirmatively caused by a negligent act of the road authority or its officers and employees.
(e)
This subdivision expires May 2, 2013 2014.
EFFECTIVE
DATE. This section is
effective retroactively from May 1, 2013.
Sec. 2. Minnesota Statutes 2012, section 160.80, subdivision 1, is amended to read:
Subdivision 1. Commissioner may establish program. (a) The commissioner of transportation may establish a sign franchise program for the purpose of providing on the right-of-way of interstate and controlled-access trunk highways specific information on gas, food, camping, lodging, attractions, and 24-hour pharmacies for the benefit of the motoring public.
(b) The sign franchise program must include urban interstate highways.
Sec. 3. Minnesota Statutes 2012, section 160.80, subdivision 1a, is amended to read:
Subd. 1a. Eligibility criteria for business panels. (a) To be eligible for a business panel on a logo sign panel, a business establishment must:
(1) be open for business;
(2) have a sign on site that both identifies the business and is visible to motorists;
(3) be open to everyone, regardless of race,
religion, color, age, sex, national origin, creed, marital status, sexual
orientation, or disability; and
(4) not impose a cover charge or
otherwise require customers to purchase additional products or services; and
(5) meet the appropriate criteria in
paragraphs (b) to (f) (k).
(b) Gas businesses must provide vehicle
services including fuel gas or alternative fuels and oil;
restroom facilities and drinking water; continuous, staffed operation at least
12 hours a day, seven days a week; and public access to a telephone.
(c) Food businesses must serve at least two
meals a day during normal mealtimes of breakfast, lunch, and dinner; provide a
continuous, staffed food service operation at least ten hours a day, seven
days a six days per week except holidays as defined in section
645.44, subdivision 5, and except as provided for seasonal food service
businesses; provide seating capacity for at least 20 people; provide
restroom facilities; provide public access to a telephone; and possess any
required state or local licensing or approval.
Seasonal food service businesses must provide a continuous, staffed food
service operation at least ten hours a day serving at least two meals
per day six days per week, seven days a week, during their months of
operation.
(d) Lodging businesses must include sleeping accommodations, provide public access to a telephone, provide restroom facilities, and possess any required state or local licensing or approval.
(e) Camping businesses must include sites for camping, include parking accommodations for each campsite, provide sanitary facilities and drinking water, and possess any required state or local licensing or approval.
(f) 24-hour pharmacy businesses must be continuously operated 24 hours per day, seven days per week, and must have a state-licensed pharmacist present and on duty at all times.
(g) Attractions businesses must
have regional significance with the primary purpose of providing amusement,
historical, cultural, or leisure activities to the public; provide restroom
facilities and drinking water; possess any required state or local licensing
approval; and provide adequate bus and vehicle parking accommodations for
normal attendance.
(g) (h) Seasonal businesses
must indicate to motorists when they are open for business by either
putting the full months of operation directly on the business panel or
by having a "closed" plaque applied to the business panel when the
business is closed for the season.
(h) (i) The maximum distance
that an eligible business in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
or Washington County an urban area can be located from the
interchange is: for gas, food,
lodging, attraction, and 24-hour pharmacy businesses, one
mile three miles; for food businesses, two miles; for lodging
businesses and 24-hour pharmacies, three miles; and for camping businesses,
ten miles.
(i) (j) The maximum distance
that an eligible business in any other county a rural area can be
located from the interchange shall not exceed 15 miles in either direction,
except the maximum distance that an eligible 24-hour pharmacy business can be
located from the interchange shall not exceed three miles in either direction.
(j) Logo sign panels must be erected so
that motorists approaching an interchange view the panels in the following
order: 24-hour pharmacy, camping,
lodging, food, gas.
(k) If there is insufficient space on a
logo sign panel to display all eligible businesses for a specific type of
service, the businesses closest to the interchange have priority over
businesses farther away from the interchange.
(k) If there is available space on a
logo sign panel and no application has been received by the franchise from a
fully eligible business, a substantially eligible business may be allowed the
space.
Sec. 4. Minnesota Statutes 2012, section 160.80, subdivision 2, is amended to read:
Subd. 2. Franchises. The commissioner may, by public negotiation or bid, grant one or more franchises to qualified persons to erect and maintain, on the right-of-way of interstate and controlled-access trunk highways, signs informing the motoring public of gas, food, lodging, camping facilities, attractions, and 24-hour pharmacies. A franchisee shall furnish, install, maintain, and replace signs for the benefit of advertisers who provide gas, food, lodging, camping facilities, attractions, and 24-hour pharmacies for the general public, and lease advertising space on the signs to operators of these facilities.
Sec. 5. Minnesota Statutes 2012, section 161.04, subdivision 5, is amended to read:
Subd. 5. Trunk highway emergency relief account. (a) The trunk highway emergency relief account is created in the trunk highway fund. Money in the account is appropriated to the commissioner to be used to fund relief activities related to an emergency, as defined in section 161.32, subdivision 3, or under section 12A.16, subdivision 1.
(b) Reimbursements by the Federal Highway
Administration for emergency relief payments made from the trunk highway
emergency relief account must be credited to the account. Interest accrued on the account must be
credited to the account.
Notwithstanding section 16A.28, money in the account is available until
spent. If the balance of the account at
the end of a fiscal year is greater than $10,000,000, the amount above
$10,000,000 must be canceled to the trunk highway fund.
(c) By September 1, 2012, and in every subsequent even-numbered year by September 1, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over transportation policy and finance. The report must include the balance, as well as details of payments made from and deposits made to the trunk highway emergency relief account since the last report.
Sec. 6. Minnesota Statutes 2012, section 161.115, subdivision 229, is amended to read:
Subd. 229. Route No. 298. Beginning at a point on Route No. 21
in the city of Faribault; thence extending in a southerly and easterly
direction through the grounds of the Minnesota State Academy for the Blind,
the Faribault Regional Treatment Center, and the Minnesota Correctional
Facility - Faribault to a point on Route No. 323.
Sec. 7. Minnesota Statutes 2012, section 161.115, is amended by adding a subdivision to read:
Subd. 270. Route
No. 339. Beginning at a
point on Route No. 45, thence extending easterly to a point on the
boundary line between the states of Minnesota and Wisconsin.
Sec. 8. Minnesota Statutes 2012, section 161.1231, subdivision 8, is amended to read:
Subd. 8. Special
account. Fees collected by the
commissioner under this section must be deposited in the state treasury and
credited to a special account. Money in
the account is appropriated to the commissioner to construct, operate,
repair, and maintain: (1) the
parking facilities and the high-occupancy vehicle, (2) managed
lanes on I-394, and (3) related multimodal and technology
improvements that serve users of the parking facilities.
Sec. 9. Minnesota Statutes 2012, section 161.44, is amended by adding a subdivision to read:
Subd. 1a. Periodic
review. (a) The commissioner
is encouraged to examine all real property owned by the state and under the
custodial control of the department to decide whether any real property may be
suitable for sale or some other means of disposal.
(b)
The commissioner may not sell or otherwise dispose of property under this
subdivision unless: (1) an analysis has
been performed of suitability of the property for bicycle or pedestrian
facilities, which must take into account any relevant nonmotorized
transportation plans or in the absence of such plans, demographic and
development factors affecting the region; and (2) the analysis demonstrates
that (i) the property is not reasonably suitable for bicycle or pedestrian
facilities, and (ii) there is not a likelihood of facility development
involving the property.
(c) The commissioner shall report the
findings under paragraph (a) to the house of representatives and senate
committees with jurisdiction over transportation policy and finance by March 1
of each odd-numbered year. The report
may be submitted electronically, and is subject to section 3.195, subdivision
1.
Sec. 10. Minnesota Statutes 2012, section 162.02, subdivision 3a, is amended to read:
Subd. 3a. Variances from rules and engineering standards. (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A political subdivision in which a county state-aid highway is located or is proposed to be located may submit a written request to the commissioner for a variance for that highway. The commissioner shall comply with section 174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b) The commissioner shall publish
notice of the request in the State Register and give notice to all persons
known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of receiving the variance
request. If a written objection to
the request is received within seven days of providing notice, the variance
shall be granted or denied only after a contested case hearing has been held on
the request. If no timely
objection is received and the variance is denied without hearing,
the political subdivision may request, within 30 days of receiving notice of
denial, and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Sec. 11. Minnesota Statutes 2012, section 162.09, subdivision 3a, is amended to read:
Subd. 3a. Variances from rules and engineering standards. (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.13, subdivision 2. A political subdivision in which a municipal state-aid street is located or is proposed to be located may submit a written request to the commissioner for a variance for that street. The commissioner shall comply with section 174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b) The commissioner shall publish
notice of the request in the State Register and give notice to all persons
known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of receiving the variance
request. If a written objection to
the request is received within seven days of providing notice, the variance
shall be granted or denied only after a contested case hearing has been held on
the request. If no timely
objection is received and the variance is denied without hearing,
the political subdivision may request, within 30 days of receiving notice of
denial, and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Sec. 12. Minnesota Statutes 2012, section 162.13, subdivision 2, is amended to read:
Subd. 2. Money
needs defined. For the purpose of
this section money needs of each city having a population of 5,000 or more are
defined as the estimated cost of constructing and maintaining over a period of
25 years the municipal state-aid street system in such city. Right-of-way costs and drainage shall be included
in money needs. Lighting costs and other
costs incidental to construction and maintenance, or a specified portion of
such costs, as set forth in the commissioner's rules, may be included in
determining money needs. When a
county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid
street only the construction and maintenance costs of the portion of the street
other than the portions taken over by the county shall be included in the money
needs of the city. To avoid
variances in costs due to differences in construction and maintenance policy,
construction and maintenance costs shall be estimated on the basis of the
engineering standards developed cooperatively by the commissioner and the
engineers, or a committee thereof, of the cities.
Sec. 13. Minnesota Statutes 2012, section 168.017, subdivision 2, is amended to read:
Subd. 2. 12
uniform registration periods. There
are established 12 registration periods, each to be designated by a calendar
month and to start on the first day of such month and end on the last day of
the 12th month from the date of commencing.
The registrar shall administer the monthly series system of
registration to distribute the work of registering vehicles described in subdivision
1 as uniformly as practicable through the calendar year. The registrar shall register all vehicles
subject to registration under the monthly series system for a minimum period of
12 consecutive calendar months.
Sec. 14. Minnesota Statutes 2012, section 168.017, subdivision 3, is amended to read:
Subd. 3. Exceptions. (a) The registrar shall register
all vehicles subject to registration under the monthly series system for a
period of 12 consecutive calendar months, unless:
(1) the application is an original rather
than renewal application under section 168.127; or
(2) the applicant is a licensed motor
vehicle lessor under section 168.27 and the vehicle is leased or rented for
periods of time of not more than 28 days, in which case the applicant may apply
for initial or renewed registration of a vehicle for a period of four or more
months, the month of expiration to be designated by the applicant at the time
of registration. To qualify for this
exemption, the applicant must present the application to the registrar at St. Paul,
or a designated deputy registrar office. Subsequent registration periods when the applicant is not a qualified motor vehicle lessor under this subdivision must be for a period of 12 months commencing from the last month for which registration was issued.
(b) In any instance except that of a
licensed motor vehicle lessor, the registrar shall not approve registering the
vehicle subject to the application for a period of less than three months,
except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.
Sec. 15. Minnesota Statutes 2012, section 168.053, subdivision 1, is amended to read:
Subdivision 1. Application;
fee; penalty. Any person, firm, or
corporation engaged in the business of transporting motor vehicles owned by
another, by delivering, by drive-away or towing methods, either singly or by
means of the full mount method, the saddle mount method, the tow bar method, or
any other combination thereof, and under their own power, vehicles over the
highways of the state from the manufacturer or any other point of origin, to
any point of destination, within or without the state, shall make application
to the registrar for a drive-away in-transit license. This application for annual license shall be
accompanied by a registration fee of $250 and contain such information as
the registrar may require. Upon the
filing of the application and the payment of the fee, the registrar shall issue
to each drive-away operator a drive-away in-transit license plate, which must
be carried and displayed on the power unit consistent with section 169.79 and
the plate shall remain on the vehicle while being operated within the state
Minnesota. The license plate issued
under this subdivision is not valid for the purpose of permanent vehicle
registration and is not valid outside Minnesota. Additional drive-away in-transit license
plates desired by any drive-away operator may be secured from the registrar of
motor vehicles upon the payment of a fee of $5 for each set of additional
license plates. Any person, firm, or
corporation engaging in the business as a drive-away operator, of transporting
and delivering by means of full mount method, the saddle mount method, the tow
bar method, or any combination thereof, and under their own power, motor
vehicles, who fails or refuses to file or cause to be filed an application, as
is required by law, and to pay the fees therefor as the law requires, shall be
found guilty of violating the provisions of sections 168.053 to 168.057; and,
upon conviction, fined not less than $50, and not more than $100, and all costs
of court. Each day so operating without
securing the license and plates as required therein shall constitute a separate
offense within the meaning thereof.
Sec. 16. Minnesota Statutes 2012, section 168.123, subdivision 2, is amended to read:
Subd. 2. Design. The commissioner of veterans affairs shall design the emblem for the veterans' special plates, subject to the approval of the commissioner, that satisfy the following requirements:
(a) For a Vietnam veteran who served after
July 1, 1961, and before July 1, 1978, in the active military service in a
branch of the armed forces of the United States or a nation or society allied
with the United States the special plates must bear the inscription
"VIETNAM VET." and
the letters "V" and "V" with the first letter directly
above the second letter and both letters just preceding the first numeral of
the special plate number.
(b) For a veteran stationed on the island
of Oahu, Hawaii, or offshore, during the attack on Pearl Harbor on December 7,
1941, the special plates must bear the inscription "PEARL HARBOR SURVIVOR."
and the letters "P" and
"H" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(c) For a veteran who served during World
War I or World War II, the plates must bear the inscription "WORLD WAR
VET." and:
(1) for a World War I veteran, the
characters "W" and "I" with the first character directly
above the second character and both characters just preceding the first numeral
of the special plate number; or
(2) for a World War II veteran,
the characters "W" and "II" with the first character
directly above the second character and both characters just preceding the
first numeral of the special plate number.
(d) For a veteran who served during the
Korean Conflict, the special plates must bear the inscription "KOREAN VET."
and the letters "K" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(e) For a combat wounded veteran who is a
recipient of the Purple Heart medal, the plates must bear the inscription
"COMBAT WOUNDED VET" and have a facsimile or an emblem of the
official Purple Heart medal and the letters "C" over "W"
with the first letter directly over the second letter just preceding the first
numeral of the special plate number.
A member of the United States armed forces who is serving actively in the military and who is a recipient of the Purple Heart medal is also eligible for this license plate. The commissioner of public safety shall ensure that information regarding the required proof of eligibility for any applicant under this paragraph who has not yet been issued military discharge papers is distributed to the public officials responsible for administering this section.
(f) For a Persian Gulf War veteran, the
plates must bear the inscription "GULF WAR VET." and the letters "G" and
"W" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number. For the purposes of this section,
"Persian Gulf War veteran" means a person who served on active duty
after August 1, 1990, in a branch of the armed forces of the United States or a
nation or society allied with the United States or the United Nations during
Operation Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf area combat
zone as designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.
(g) For a veteran who served in the Laos
War after July 1, 1961, and before July 1, 1978, the special plates must bear
the inscription "LAOS WAR VET." and the letters "L" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(h) For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "IRAQ WAR VET" directly below the special plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly below the special plate number;
(3) the Global War on Terrorism Expeditionary Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "GWOT VETERAN" directly below the special plate number; or
(4) the Armed Forces Expeditionary Medal, the special plates must bear an appropriate inscription that includes a facsimile of that medal.
(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "GWOT VETERAN" directly below the special plate number. In addition, any member of the National Guard or other military reserves who has been ordered to federally funded state active service under United States Code, title 32, as defined in section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism Service Medal, is eligible for the license plate described in this paragraph, irrespective of whether that person qualifies as a veteran under section 197.447.
(j) For a veteran who is the recipient of the Korean Defense Service Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.
(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official Bronze Star medal.
(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official Silver Star medal.
Sec. 17. Minnesota Statutes 2012, section 168.183, subdivision 1, is amended to read:
Subdivision 1. Payment
of taxes. All trucks,
truck-tractors, trailers and semitrailers, trucks using combination,
and buses which comply with all of the provisions of section 168.181,
subdivision 1, clause (6), but are excluded from the exemptions provided
therein solely because of the intrastate temporary nature of
their movement in this state, owned by nonresidents owning or operating
circuses, carnivals or similar amusement attractions or concessions shall
be required to comply with all laws and rules as to the payment of taxes
applicable to like vehicles owned by Minnesota residents but such,
except that nonresidents may make application to pay such the
tax for each vehicle proportionate to the number of months or fraction thereof such
the vehicles are in this state. For
the purposes of this subdivision, buses do not include charter buses that are
considered proratable vehicles under section 168.187, subdivision 4.
Sec. 18. Minnesota Statutes 2012, section 168.187, subdivision 17, is amended to read:
Subd. 17. Trip
permit. Subject to agreements or
arrangements made or entered into pursuant to subdivision 7, the commissioner
may issue trip permits for use of Minnesota highways by individual vehicles, on
an occasional basis, for periods not to exceed 120 hours in compliance with
rules promulgated pursuant to subdivision 23 and upon payment of a fee of $15. For the purposes of this subdivision,
"on an occasional basis" means no more than one permit per vehicle
within a 30-day period, which begins the day a permit is effective.
Sec. 19. Minnesota Statutes 2012, section 168.27, is amended by adding a subdivision to read:
Subd. 3d. Used
vehicle parts dealer. A used
vehicle parts dealer licensee may sell, solicit, or advertise the sale of used
parts and the remaining scrap metals, but is prohibited from selling any new or
used motor vehicles for use at retail or for resale to a dealer.
Sec. 20. Minnesota Statutes 2012, section 168.27, subdivision 10, is amended to read:
Subd. 10. Place of business. (a) All licensees under this section shall have an established place of business which shall include as a minimum:
(1) For a new motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours. Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public;
(ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B) in effect with the first-stage manufacturer or distributor of new motor vehicles purchased from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor homes which the dealer proposes to sell, broker, wholesale, or auction;
(iii) a facility for the repair and servicing of motor vehicles and the storage of parts and accessories, not to exceed ten miles distance from the principal place of business. The service may be provided through contract with bona fide operators actually engaged in the services;
(iv) an area either indoors or outdoors to display motor vehicles that is owned or under lease by the licensee; and
(v) a sign readily viewable by the public that clearly identifies the dealership by name.
(2) For a used motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or automatic telephone answering service during normal business hours. Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public;
(ii) an
area either indoors or outdoors to display motor vehicles which is owned or
under lease by the licensee; and
(iii) a sign readily viewable by the public that clearly identifies the dealership by name.
(3) For a motor vehicle lessor, the following: a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours. Business hours must be conspicuously posted on the place of doing business and readily viewable by the public. The office space must be owned or under lease for a minimum term of one year by the licensee.
(4) For a motor vehicle wholesaler, the following: a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours. The office space must be owned or under lease for a minimum term of one year by the licensee.
(5) For a motor vehicle auctioneer, the following: a permanent enclosed commercial building, within or without the state, on a permanent foundation, owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours.
(6) For a motor vehicle broker, the following: a commercial office space where books, records, and files necessary to conduct business are kept and maintained with personnel available during normal business hours, or an automatic telephone answering service available during normal business hours. A sign, clearly identifying the motor vehicle broker by name and listing the broker's business hours, must be posted in a location and manner readily viewable by a member of the public visiting the office space. The office space must be owned or under lease for a minimum term of one year by the licensee.
(7) For a limited used vehicle license
holder, the following: a commercial
office space where books, records, and files necessary to conduct nonprofit
charitable activities are kept and maintained with personnel available during
normal business hours, or an automatic telephonic answering service available
during normal business hours. The office
space must be owned or under lease for a minimum term of one year by the
licensee.
(b) If a new or used motor vehicle dealer maintains more than one place of doing business in a county, the separate places must be listed on the application. If additional places of business are maintained outside of one county, separate licenses must be obtained for each county.
(c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker maintains more than one permanent place of doing business, either in one or more counties, the separate places must be listed in the application, but only one license is required. If a lessor proposes to sell previously leased or rented vehicles or if a broker proposes to establish an office at a location outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2, other than cities of the first class, the lessor or broker must obtain a license for each nonmetropolitan area county in which the lessor's sales are to take place or where the broker proposes to locate an office.
(d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not have direct access to a public road or street, any privately owned roadway providing access to a public road or street must be clearly identified and adequately maintained.
(e) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell horse trailers exclusively without obtaining an additional license.
(f) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell recreational vehicles exclusively without obtaining an additional license if:
(1) the dealer establishes a temporary place of business for the sale of recreational vehicles not more than four times during any calendar year;
(2) each temporary place of business other than an official county fair or the Minnesota State Fair within the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is established jointly with at least four other recreational vehicle dealers;
(3)
each temporary place of business other than an official county fair outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2, is
established jointly with at least one other recreational vehicle dealer;
(4) each establishment of a temporary place of business for the sale of recreational vehicles is for no more than 12 consecutive days; and
(5) the dealer notifies the registrar of motor vehicles of each temporary place of business for the sale of recreational vehicles.
Sec. 21. Minnesota Statutes 2012, section 168.27, subdivision 11, is amended to read:
Subd. 11. Dealers' licenses; location change notice; fee. (a) Application for a dealer's license or notification of a change of location of the place of business on a dealer's license must include a street address, not a post office box, and is subject to the commissioner's approval.
(b) Upon the filing of an application for a dealer's license and the proper fee, unless the application on its face appears to be invalid, the commissioner shall grant a 90-day temporary license. During the 90-day period following issuance of the temporary license, the commissioner shall inspect the place of business site and insure compliance with this section and rules adopted under this section.
(c) The commissioner may extend the temporary license 30 days to allow the temporarily licensed dealer to come into full compliance with this section and rules adopted under this section.
(d) In no more than 120 days following issuance of the temporary license, the dealer license must either be granted or denied.
(e) A license must be denied under the following conditions:
(1) The
license must be denied if within the previous ten years the applicant was
enjoined due to a violation of section 325F.69 or convicted of violating
section 325E.14, 325E.15, 325E.16, or 325F.69, or convicted under section
609.53 of receiving or selling stolen vehicles, or convicted of violating
United States Code, title 15, sections 1981 to 1991 or pleaded guilty, entered
a plea of nolo contendere or no contest, or has been found guilty in a court of
competent jurisdiction of any charge of failure to pay state or federal income
or sales taxes or felony charge of forgery, embezzlement, obtaining money under
false pretenses, theft by swindle, extortion, conspiracy to defraud, or
bribery.
(2) The license must also be denied if
within the previous year the applicant has been denied a dealer license.
(3) (2) A license must also be denied
if the applicant has had a dealer license revoked within the previous ten
years.
(f) If the application is approved, the commissioner shall license the applicant as a dealer for one year from the date the temporary license is granted and issue a certificate of license that must include a distinguishing number of identification of the dealer. The license must be displayed in a prominent place in the dealer's licensed place of business.
(g) Each initial application for a license must be accompanied by a fee of $100 in addition to the annual fee. The annual fee is $150. The initial fees and annual fees must be paid into the state treasury and credited to the general fund except that $50 of each initial and annual fee must be paid into the vehicle services operating account in the special revenue fund under section 299A.705.
Sec. 22. Minnesota Statutes 2012, section 168A.153, subdivision 1, is amended to read:
Subdivision
1. Older
model vehicle. (a) A dealer who
buys an older model vehicle to dismantle or destroy must:
(1) obtain the certificate of title or
verify ownership on the department's electronic record;
(2) notify any secured parties; and
(3) retain the certificate of title or a
copy of the motor vehicle record.
(b) A dealer who buys an older model
vehicle to be dismantled dismantle or destroyed shall report
to destroy must notify the department within 30 ten
days including. The
notification must be made electronically as prescribed by the registrar, and
must include the vehicle's license plate number and identification number,
and the seller's name and driver's license number.
(c) The records and information
retained or submitted under paragraphs (a) and (b) shall be kept and maintained
in a manner consistent with the requirements of section 168A.11, subdivision 3.
Sec. 23. Minnesota Statutes 2012, section 168A.153, subdivision 2, is amended to read:
Subd. 2. Late-model
or high-value vehicle. (a) A
dealer who buys a late-model or high-value vehicle to be dismantled dismantle
or destroyed shall destroy must:
(1) obtain the certificate of title;
(2) notify the any
secured party parties, if any, and the commissioner in the
manner prescribed in subdivision 3. The
dealer must then properly destroy the certificate of title; and
(3) retain the certificate of title or a copy of the motor vehicle record.
(b)
A dealer who buys a late-model or high-value vehicle to dismantle or destroy
must notify the department within ten days.
The notification must be made electronically as prescribed by the
registrar, must include the vehicle's license plate number and identification
number, and must include the seller's name and driver's license number.
(c) The records and information
retained or submitted under paragraphs (a) and (b) shall be kept and maintained
in a manner consistent with the requirements of section 168A.11, subdivision 3.
Sec. 24. Minnesota Statutes 2012, section 168A.153, is amended by adding a subdivision to read:
Subd. 2a. Purchase
of abandoned vehicles from a dealer.
(a) Subdivision 1 does not apply to purchase of a scrap vehicle
as an abandoned vehicle from a license holder under section 168.27 who is in
possession of the vehicle for service or repair.
(b) A scrap vehicle dealer acquiring a
scrap vehicle under this subdivision shall obtain the selling dealer's business
name and address, a copy of the repair order, and, if available, a bill of sale
or other evidence of open or legitimate purchase. The scrap vehicle dealer must notify the
department within ten days. The
notification must be made electronically as prescribed by the registrar, must
include the vehicle's license plate number and identification number, and must
include the seller's name.
(c) The records and information
obtained or submitted under paragraph (b) shall be maintained in a manner
consistent with the requirements of section 168A.11, subdivision 3.
Sec. 25. Minnesota Statutes 2012, section 168A.153, subdivision 3, is amended to read:
Subd. 3. Notification
on vehicle to be dismantled or destroyed; service fee. Within the time frames prescribed in
subdivisions 1 and, 2, and 2a of acquiring a vehicle
titled and registered in Minnesota, a dealer shall notify the registrar that
the dealership purchased the vehicle to be dismantled or destroyed. The notification must be made electronically
as prescribed by the registrar. The
dealer may contract this service to a deputy registrar and the registrar may
charge a fee not to exceed $7 per transaction to provide this service.
Sec. 26. Minnesota Statutes 2012, section 168B.15, is amended to read:
168B.15
TOW TRUCK PERMIT.
The commissioner of transportation may issue
permits to an applicant who pays a single $300 annual fee to cover all tow
trucks and towing vehicles owned by the applicant and meets any other
conditions prescribed by the commissioner.
The permit authorizes the tow truck or towing vehicle, when towing a
disabled or damaged vehicle to a place of repair or to a place of safekeeping,
to exceed the length and weight limitations of this chapter 169.
Sec. 27. Minnesota Statutes 2012, section 169.011, subdivision 71, is amended to read:
Subd. 71. School bus. (a) "School bus" means a motor vehicle used to transport pupils to or from a school defined in section 120A.22, or to or from school-related activities, by the school or a school district, or by someone under an agreement with the school or a school district. A school bus does not include a motor vehicle transporting children to or from school for which parents or guardians receive direct compensation from a school district, a motor coach operating under charter carrier authority, a transit bus providing services as defined in section 174.22,
subdivision 7, or a vehicle otherwise qualifying as a type III vehicle under paragraph (h), when the vehicle is properly registered and insured and being driven by an employee or agent of a school district for nonscheduled or nonregular transportation.
(b) A school bus may be type A, type B, type C, or type D, multifunction school activity bus, or type III as provided in paragraphs (c) to (h).
(c) A "type A school bus" is a van conversion or bus constructed utilizing a cutaway front section vehicle with a left-side driver's door. This definition includes two classifications: type A-I, with a gross vehicle weight rating (GVWR) less than or equal to 14,500 pounds; and type A-II, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds.
(d) A "type B school bus" is constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: type B-I, with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater than 10,000 pounds.
(e) A "type C school bus" is constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels. A "type C school bus" also includes a cutaway truck chassis or truck chassis with cab, with or without a left side door, and with a GVWR greater than 21,500 pounds.
(f) A
"type D school bus" is constructed utilizing a stripped chassis. The entrance door is ahead of the front
wheels.
(g) A "multifunction school activity bus" is a school bus that meets the definition of a multifunction school activity bus in Code of Federal Regulations, title 49, section 571.3. A vehicle that meets the definition of a type III vehicle is not a multifunction school activity bus.
(h) A "type III vehicle" is
restricted to passenger cars, station wagons, vans, vehicles and
buses having a maximum manufacturer's rated seating capacity of ten or fewer
people, including the driver, and a gross vehicle weight rating of 10,000
pounds or less. A "type III
vehicle" must not be outwardly equipped and identified as a type A, B, C,
or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a seating capacity
of ten or fewer and placed in service on or after August 1, 1999, must have
been originally manufactured to comply with the passenger safety standards.
(i) In this subdivision, "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle.
Sec. 28. Minnesota Statutes 2012, section 169.18, subdivision 4, is amended to read:
Subd. 4. Passing on the right. The driver of a vehicle may overtake and pass upon the right of another vehicle only upon the following conditions:
(1) when the vehicle overtaken is making or about to make a left turn;
(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles;
(4) when the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving in a bicycle lane or onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled portion of the roadway.
Sec. 29. Minnesota Statutes 2012, section 169.18, subdivision 7, is amended to read:
Subd. 7. Laned highway. When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation. The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.
(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.
(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1.
Sec. 30. Minnesota Statutes 2012, section 169.19, subdivision 1, is amended to read:
Subdivision 1. Turning at intersection. The driver of a vehicle intending to turn at an intersection shall do so as follows:
(a) Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(b) Approach for a left turn on other than one-way roadways shall be made in that portion of the right half of the roadway nearest the centerline thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(c) Approach for a left turn from a two-way roadway into a one-way roadway shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection.
(d) A left turn from a one-way roadway into a two-way roadway shall be made from the left-hand lane and by passing to the right of the centerline of the roadway being entered upon leaving the intersection.
(e) Where both streets or roadways are one way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
(f) Local authorities in their respective jurisdictions may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.
(g) Whenever it is necessary
for the driver of a motor vehicle to cross a bicycle lane adjacent to the
driver's lane of travel to make a turn, the driver shall first signal the
movement, then drive the motor vehicle into the bicycle lane prior to
making the turn, and shall make the turn, but only after it is safe
to do so. The driver shall then make the
turn consistent with any traffic markers, buttons, or signs, yielding the
right-of-way to any vehicles or bicycles approaching so close thereto as
to constitute an immediate hazard.
Sec. 31. Minnesota Statutes 2012, section 169.222, subdivision 2, is amended to read:
Subd. 2. Manner
and number riding. No bicycle,
including a tandem bicycle, cargo or utility bicycle, or trailer, shall be
used to carry more persons at one time than the number for which it is designed
and equipped, except (1) on a baby seat attached to the bicycle, provided
that the baby seat is equipped with a harness to hold the child securely in the
seat and that protection is provided against the child's feet hitting the
spokes of the wheel or (2) in a seat attached to the bicycle operator an
adult rider may carry a child in a seat designed for carrying children that is
securely attached to the bicycle.
Sec. 32. Minnesota Statutes 2012, section 169.222, subdivision 4, is amended to read:
Subd. 4. Riding rules. (a) Every person operating a bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or driveway;
(3)
when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width
lanes, that make it unsafe to continue along the right-hand curb or edge.;
or
(4) when operating on the shoulder of a
roadway or in a bicycle lane.
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two abreast and shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
(d) A
person operating a bicycle upon a sidewalk, or across a roadway or shoulder on
a crosswalk, shall yield the right-of-way to any pedestrian and shall give an
audible signal when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle upon a
sidewalk within a business district unless permitted by local authorities. Local authorities may prohibit the operation
of bicycles on any sidewalk or crosswalk under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe distance when overtaking a bicycle or individual proceeding in the same direction on the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.
Sec. 33. Minnesota Statutes 2012, section 169.222, subdivision 6, is amended to read:
Subd. 6. Bicycle
equipment. (a) No person shall
operate a bicycle at nighttime unless the bicycle or its operator is equipped
with (1) a lamp which emits a white light visible from a distance of at least
500 feet to the front; and (2) a red reflector of a type approved by the
Department of Public Safety which is visible from all distances from 100 feet
to 600 feet to the rear when directly in front of lawful lower beams of
headlamps on a motor vehicle. A bicycle
equipped with lamps that are visible from a distance of at least 500 feet from
both the front and the rear is deemed to fully comply with this paragraph.
(b) No person may operate a bicycle at any time when there is not sufficient light to render persons and vehicles on the highway clearly discernible at a distance of 500 feet ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be visible during the hours of darkness from 600 feet when viewed in front of lawful lower beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective materials on each side of each pedal to indicate their presence from the front or the rear and with a minimum of 20 square inches of reflective material on each side of the bicycle or its operator. Any bicycle equipped with side reflectors as required by regulations for new bicycles prescribed by the United States Consumer Product Safety Commission shall be considered to meet the requirements for side reflectorization contained in this subdivision.
(c) A bicycle may be equipped with a front lamp that emits a white flashing signal, or a rear lamp that emits a red flashing signal, or both.
(d) A
bicycle may be equipped with tires having studs, spikes, or other protuberances
designed to increase traction.
(e) No person shall operate a bicycle
unless it is equipped with a rear brake or front and rear brakes
which will enable the operator to make the a braked wheels
wheel skid on dry, level, clean pavement. A bicycle equipped with a direct or fixed
gear that can make the rear wheel skid on dry, level, clean pavement shall be
deemed to fully comply with this paragraph.
(f) A bicycle may be equipped with a
horn or bell designed to alert motor vehicles, other bicycles, and pedestrians
of the bicycle's presence.
(f) (g) No person shall
operate upon a highway any two-wheeled bicycle equipped with handlebars so
raised that the operator must elevate the hands above the level of the
shoulders in order to grasp the normal steering grip area.
(g) (h) No person shall operate upon a highway
any bicycle which is of such a size as to prevent the operator from stopping
the bicycle, supporting it with at least one foot on the highway surface and
restarting in a safe manner.
Sec. 34. Minnesota Statutes 2012, section 169.222, subdivision 7, is amended to read:
Subd. 7. Sale with reflectors and other equipment. (a) No person shall sell or offer for sale any new bicycle unless it is equipped with reflectors and other equipment as required by subdivision 6, paragraphs (b) and (e) and by applicable regulations for new bicycles prescribed by the United States Consumer Product Safety Commission.
(b) Notwithstanding paragraph (a), a
new bicycle may be sold or offered for sale without pedals if the bicycle
otherwise meets the requirements of paragraph (a).
Sec. 35. Minnesota Statutes 2012, section 169.34, subdivision 1, is amended to read:
Subdivision 1. Prohibitions. (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:
(1) on a sidewalk;
(2) in front of a public or private driveway;
(3) within an intersection;
(4) within ten feet of a fire hydrant;
(5) on a crosswalk;
(6) within 20 feet of a crosswalk at an intersection;
(7) within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
(8) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(9) within 50 feet of the nearest rail of a railroad crossing;
(10) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;
(11) alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
(12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) upon any bridge or other elevated structure upon a highway or within a highway tunnel, except as otherwise provided by ordinance;
(14) within a bicycle lane, except when
posted signs permit parking; or
(14) (15) at any place where
official signs prohibit stopping.
(b) No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful.
(c) No person shall, for camping purposes, leave or park a travel trailer on or within the limits of any highway or on any highway right-of-way, except where signs are erected designating the place as a campsite.
(d) No person shall stop or park a vehicle on a street or highway when directed or ordered to proceed by any peace officer invested by law with authority to direct, control, or regulate traffic.
Sec. 36. Minnesota Statutes 2012, section 169.346, is amended by adding a subdivision to read:
Subd. 1a. Disability
parking when designated spaces occupied or unavailable. In the event the designated disability
parking spaces are either occupied or unavailable, a vehicle bearing a valid
disability parking certificate issued under section 169.345 or license plates
for physically disabled persons under section 168.021 may park at an angle and
occupy two standard parking spaces.
Sec. 37. Minnesota Statutes 2012, section 169.346, subdivision 2, is amended to read:
Subd. 2. Disability parking space signs. (a) Parking spaces reserved for physically disabled persons must be designated and identified by the posting of signs incorporating the international symbol of access in white on blue and indicating that violators are subject to a fine of up to $200. These parking spaces are reserved for disabled persons with motor vehicles displaying the required certificate, plates, permit valid for 30 days, or insignia.
(b) For purposes of this subdivision, a
parking space that is clearly identified as reserved for physically disabled
persons by a permanently posted sign that does not meet all design standards,
is considered designated and reserved for physically disabled persons. A sign posted for the purpose of this section
must be visible from inside a motor vehicle parked in the space, be kept clear
of snow or other obstructions which block its visibility, and be nonmovable or
only movable by authorized persons.
Sec. 38. Minnesota Statutes 2012, section 169.443, subdivision 9, is amended to read:
Subd. 9. Personal cellular phone call prohibition. (a) As used in this subdivision, "school bus" has the meaning given in section 169.011, subdivision 71. In addition, the term includes type III vehicles as defined in section 169.011, subdivision 71, when driven by employees or agents of school districts.
(b) A
school bus driver may not operate a school bus while communicating over, or
otherwise operating, a cellular phone for personal reasons, whether handheld or
hands free, when the vehicle is in motion or a part of traffic.
Sec. 39. Minnesota Statutes 2012, section 169.447, subdivision 2, is amended to read:
Subd. 2. Driver
seat belt. School buses and Head
Start buses must be equipped with driver seat belts and seat belt assemblies of
the type described in section 169.685, subdivision 3. School bus drivers and Head Start bus
drivers must use these seat belts. A
properly adjusted and fastened seat belt, including both the shoulder and lap belt
when the vehicle is so equipped, shall be worn by the driver.
Sec. 40. Minnesota Statutes 2012, section 169.454, subdivision 12, is amended to read:
Subd. 12. Option. Passenger cars and station wagons Type
III vehicles may carry fire extinguisher, first aid kit, and warning
triangles in the trunk or trunk area of the vehicle, if a label in the driver
and front passenger area clearly indicates the location of these items.
Sec. 41. Minnesota Statutes 2012, section 169.68, is amended to read:
169.68
HORN, SIREN.
(a) Every motor vehicle when operated upon a highway must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet. However, the horn or other warning device must not emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with the horn, but shall not otherwise use the horn when upon a highway.
(b) A vehicle must not be equipped with, and a person shall not use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section.
(c) It is permissible, but not required, for any commercial vehicle to be equipped with a theft alarm signal device, so arranged that it cannot be used by the driver as an ordinary warning signal.
(d) All authorized emergency vehicles must be equipped with a siren capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type conforming to the federal certification standards for sirens, as determined by the General Services Administration. However, the siren must not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the vehicle's approach.
(e) It is permissible, but not
required, for a bicycle to be equipped with a horn or bell designed to alert
motor vehicles, other bicycles, and pedestrians of the bicycle's presence.
Sec. 42. Minnesota Statutes 2012, section 169.824, subdivision 2, is amended to read:
Subd. 2. Gross vehicle weight of all axles; credit for idle reduction technology. (a) The gross vehicle weight of all axles of a vehicle or combination of vehicles must not exceed:
(1) 80,000 pounds for any vehicle or combination of vehicles on all streets and highways, unless posted at a lower axle weight under section 169.87, subdivision 1; and
(2) 88,000 pounds for any vehicle or combination of vehicles with six or more axles while exclusively engaged in hauling livestock on all state trunk highways other than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5, paragraph (j).
(b) Notwithstanding the maximum weight
provisions of this section, and in order to promote the reduction of fuel use
and emissions, the maximum gross vehicle weight limits and the axle weight
limits for any motor vehicle subject to sections 169.80 to 169.88 and equipped
with idle reduction technology or emissions-reduction technology must be
increased by the amount of weight necessary to compensate for the weight of the
idle reduction technology or emissions-reduction technology, not to exceed 400
550 pounds. At the request of an
authorized representative of the Department of Transportation or the Department
of Public Safety, the vehicle operator shall provide proof that the vehicle is
equipped with this technology through documentation or demonstration.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Minnesota Statutes 2012, section 171.01, subdivision 49b, is amended to read:
Subd. 49b. Valid medical examiner's certificate. (a) "Valid medical examiner's certificate" means a record, on a form prescribed by the department:
(1) of a medical examiner's examination of a person who holds or is applying for a class A, class B, or class C commercial driver's license;
(2) upon which the medical examiner attests that the applicant or license holder is physically qualified to drive a commercial motor vehicle; and
(3) that is not expired.
(b) A valid medical examiner's
certificate must be issued by a medical examiner who is certified by the
Federal Motor Carrier Administration and listed on the National Registry of
Certified Medical Examiners.
EFFECTIVE
DATE. The section is
effective May 1, 2014.
Sec. 44. [171.017]
BACKGROUND INVESTIGATIONS; DEPARTMENT EMPLOYEES.
Subdivision 1. Background
checks authorized. The
commissioner shall investigate the criminal history background of any current
or prospective employees of the department being considered for any position
with the department that has or will have:
(1) the ability to create or modify
records of applicants for enhanced drivers' licenses under section 171.01,
subdivision 31a, or enhanced identification cards under section 171.01,
subdivision 31b;
(2) the ability to issue enhanced
drivers' licenses under section 171.01, subdivision 31a, or enhanced
identification cards under section 171.01, subdivision 31b; or
(3) the ability to administer knowledge
or skills tests under section 171.13 to an applicant for a commercial driver's
license.
Subd. 2. Procedure. (a) The commissioner must request a
criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals specified in subdivision 1. A request under this section must be
accompanied by an executed criminal history consent form, including
fingerprints, signed by the current or prospective employee being investigated.
(b) After receiving a request under
paragraph (a), the superintendent of the Bureau of Criminal Apprehension shall
perform the background check required under subdivision 1. The superintendent shall retrieve criminal
history data as defined in section 13.87, conduct a search of the national
criminal records repository, and provide wants and warrant information from
federal and state repositories. The
superintendent is authorized to exchange fingerprints with the Federal Bureau
of Investigation for purposes of the criminal history check. The superintendent shall return the results
of the background checks to the commissioner to determine whether:
(1) the employee or applicant for
employment specified in subdivision 1, clause (1) or (2), has committed a
disqualifying crime under Code of Federal Regulations, title 49, section
1572.103; or
(2) the employee or applicant for
employment specified in subdivision 1, clause (3), has a conviction of the type
specified by Code of Federal Regulations, title 49, section 384.228(j).
(c) The superintendent shall recover the
cost to the bureau of a background check through a fee charged to the
commissioner.
Subd. 3. Notification by other criminal justice
agencies. Criminal justice
agencies, as defined by section 13.02, subdivision 3a, shall provide the
commissioner with information they possess and that the commissioner requires
for the purposes of determining the employment suitability of current or
prospective employees subject to this section.
Subd. 4. Annual background checks in certain
instances. Consistent with
Code of Federal Regulations, title 49, section 384.228, the
commissioner shall request and the superintendent shall conduct annual
background checks for the department employees specified in subdivision 1,
clause (3). Annual background checks
under this subdivision shall be performed in a manner consistent with
subdivisions 2 and 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 45. Minnesota Statutes 2012, section 171.07, subdivision 3a, is amended to read:
Subd. 3a. Identification cards for seniors. A Minnesota identification card issued to an applicant 65 years of age or over shall be of a distinguishing color and plainly marked "senior." The fee for the card issued to an applicant 65 years of age or over shall be one-half the required fee for a class D driver's license rounded down to the
nearest quarter dollar. A Minnesota identification card or a
Minnesota driver's license issued to a person 65 years of age or over shall be
valid identification for the purpose of qualifying for reduced rates, free
licenses or services provided by any board, commission, agency or institution
that is wholly or partially funded by state appropriations. This subdivision does not apply to an
enhanced identification card issued to an applicant age 65 or older.
Sec. 46. Minnesota Statutes 2012, section 171.07, subdivision 4, is amended to read:
Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision, the expiration date of Minnesota identification cards of applicants under the age of 65 shall be the birthday of the applicant in the fourth year following the date of issuance of the card.
(b) A Minnesota identification cards
card issued to applicants an applicant age 65 or over
older shall be valid for the lifetime of the applicant, except that
for the purposes of this paragraph, "Minnesota identification card"
does not include an enhanced identification card issued to an applicant age 65
or older.
(c) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. The commissioner shall issue an identification card to a holder of an Under-21 identification card who applies for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines that the applicant is not qualified for the identification card.
Sec. 47. Minnesota Statutes 2012, section 174.02, is amended by adding a subdivision to read:
Subd. 2a. Transportation
ombudsperson. (a) The
commissioner shall appoint a person to the position of transportation ombudsperson. The
transportation ombudsperson reports directly to the commissioner. The ombudsperson must be selected
without regard to political affiliation and must be qualified to perform the
duties specified in this subdivision.
(b) Powers and duties of the transportation
ombudsperson include, but are not limited to:
(1) providing a neutral, independent
resource for dispute and issue resolution between the department and the
general public where another mechanism or forum is not available;
(2) gathering information about
decisions, acts, and other matters of the department;
(3) providing information to the
general public;
(4) facilitating discussions or
arranging mediation when appropriate; and
(5) maintaining and monitoring
performance measures for the ombudsperson program.
(c) The transportation ombudsperson may
not hold another formal position within the department. The transportation ombudsperson may not
impose a complaint fee.
Sec. 48. Minnesota Statutes 2012, section 174.03, subdivision 1d, is amended to read:
Subd. 1d. Freight rail economic development study. (a) The commissioner of transportation, in cooperation with the commissioner of the Department of Employment and Economic Development, shall conduct a freight rail economic development study. The study will assess the economic impact of freight railroads in the state and identify opportunities to expand business development and enhance economic competitiveness through improved utilization of freight rail options. Findings from the study shall be incorporated as an amendment to the statewide freight and passenger rail plan.
(b) The commissioner of
transportation shall provide an interim progress report on the study by January
15, 2013,September 1 November 15,
2013, to the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance and over employment
and economic development. The reports
shall include any recommended legislative initiatives.
(c) The commissioner of transportation may expend up to $216,000 in fiscal year 2013 under section 222.50, subdivision 7, to pay the costs of this study and report.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 49. Minnesota Statutes 2012, section 174.24, subdivision 5a, is amended to read:
Subd. 5a. Method
of payment, nonoperating assistance.
Payments for planning and engineering design, eligible capital
assistance, operating assistance, and other eligible assistance for public
transit services furthering the purposes of section 174.21, excluding
operating assistance, shall be made in an appropriate manner as determined
by the commissioner, except that payments for operating assistance shall be
made quarterly. The first quarterly
payment for operating assistance shall be made no later than the last business
day of the first month of the contract.
Sec. 50. [174.45]
PUBLIC-PRIVATE PARTNERSHIPS; JOINT PROGRAM OFFICE.
The commissioner may establish a joint
program office to oversee and coordinate activities to develop, evaluate, and
implement public-private partnerships involving public infrastructure
investments. At the request of the
commissioner of transportation, the commissioner of Minnesota Management and
Budget, the commissioner of employment and economic development, the executive
director of the Public Facilities Authority, and other state agencies shall
cooperate with and provide assistance to the commissioner of transportation for
activities related to public-private partnerships involving public
infrastructure investments.
Sec. 51. Minnesota Statutes 2012, section 174.632, is amended to read:
174.632
PASSENGER RAIL; COMMISSIONER'S DUTIES.
Subdivision 1. Definition. "Passenger rail" means
intercity rail passenger transportation as defined in United States Code, title
49, section 24102 (4).
Subd. 2. Responsibilities. (a) The planning, design, development, construction, operation, and maintenance of passenger rail track, facilities, and services are governmental functions, serve a public purpose, and are a matter of public necessity.
(b) The commissioner is responsible for all aspects of planning, designing, developing, constructing, equipping, operating, and maintaining passenger rail, including system planning, alternatives analysis, environmental studies, preliminary engineering, final design, construction, negotiating with railroads, and developing financial and operating plans.
(c) The
commissioner may enter into a memorandum of understanding or agreement with a
public or private entity, including Amtrak, a regional railroad
authority, a joint powers board, and a railroad, to carry out these activities.
Sec. 52. Minnesota Statutes 2012, section 174.636, is amended to read:
174.636
PASSENGER RAIL; EXERCISE OF POWER.
Subdivision 1. Powers. (a) The commissioner has all
powers necessary to carry out the duties specified in section 174.632. In the exercise of those powers, the commissioner
may:
(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law, all land and property necessary to preserve future passenger rail corridors or to construct, maintain, and improve passenger rail corridors;
(2) let all necessary contracts as provided by law; and
(3) make agreements with and cooperate
with any governmental authority public or private entity,
including Amtrak, to carry out statutory duties related to passenger rail.
Subd. 2. Consultation. (b) The commissioner shall consult
with metropolitan planning organizations and regional rail authorities in areas
where passenger rail corridors are under consideration to ensure that passenger
rail services are integrated with existing rail and transit services and other
transportation facilities to provide as nearly as possible connected,
efficient, and integrated services.
Subd. 3. Authority
to contract; liability. (a)
The commissioner, or a public entity contracting with the commissioner, may
contract with a railroad as defined in Code of Federal Regulations, title 49,
section 200.3(i), for the joint or shared use of the railroad's right-of-way or
the construction, operation, or maintenance of rail track, facilities, or
services for passenger rail purposes. Notwithstanding
section 3.732, subdivision 1, clause (2), or 466.01, subdivision 6, sections
466.04 and 466.06 govern the liability of a Class I railroad and its employees
arising from the joint or shared use of the railroad right-of-way or the
provision of passenger rail construction, operation, or maintenance services
pursuant to the contract. Notwithstanding
any law to the contrary, a contract with a Class I railroad for any passenger
rail service, or joint or shared use of the railroad's right-of-way, may also
provide for the allocation of financial responsibility, indemnification, and
the procurement of insurance for the parties for all types of claims or
damages.
(b) State passenger rail operations or a contract entered into under this section shall be subject to the Federal Employers Liability Act, United States Code, title 45, section 51 et seq.; federal railroad safety laws under United States Code, title 49, section 20101 et seq.; the Railway Labor Act, United States Code, title 45, section 151 et seq.; and the Railroad Retirement Act, United States Code, title 45, section 231 et seq.
Subd. 4. Public
hearings. The commissioner
shall hold public hearings as required by federal requirements.
Sec. 53. Minnesota Statutes 2012, section 219.17, is amended to read:
219.17
UNIFORM WARNING SIGNS.
The
commissioner by rule shall require that uniform warning signs be placed at
grade crossings. There must be at
least three are four distinct types of uniform warning signs: a home crossing crossbuck sign,
for use in the immediate vicinity of the crossing; an approach crossing advance
warning sign, to indicate the approach to a grade crossing; a yield sign
with the word "yield" plainly appearing on it; and, when deemed
necessary and instead of a yield sign, a stop sign with the word
"stop" plainly appearing on it, to indicate that persons on the
highway approaching the crossing, whether in vehicles or otherwise, must come
to a stop before proceeding over the grade crossing.
Sec. 54. Minnesota Statutes 2012, section 219.18, is amended to read:
219.18
RAILROAD TO ERECT SIGN.
At each
grade crossing established after April 23, 1925 and where and when crossing
signs existing as of April 24, 1925 are replaced, the railway company
operating the railroad at that crossing shall erect and maintain one or more
uniform home crossing crossbuck signs. The signs must be on each side of the
railroad tracks and within 75 50 feet from the nearest rail,
or at a distance greater than 50 feet as determined by the commissioner.
Sec. 55. Minnesota Statutes 2012, section 219.20, is amended to read:
219.20
STOP SIGN; YIELD SIGN.
Subdivision 1. When installation required; procedure. At each grade crossing not equipped with flashing lights or flashing lights and gates where, because of the dangers attendant upon its use, the reasonable protection of life and property makes it necessary for persons approaching the crossing to stop or yield before crossing the railroad tracks, stop signs or yield signs must be installed. When the government entity responsible for a road that crosses a railroad track deems it necessary to install stop signs or yield signs at that crossing, it shall petition the commissioner to order the installation of the stop signs or yield signs. The commissioner shall respond to the petition by investigating the conditions at the crossing to determine whether stop signs or yield signs should be installed at the crossing. On determining, after an investigation following a petition from a governmental agency or subdivision or on the commissioner's own motion, that stop signs or yield signs should be installed at a crossing, the commissioner shall designate the crossing as a stop crossing or yield crossing and shall notify the railway company operating the railroad at the crossing of this designation. Within 30 days after notification, the railway company shall erect the uniform stop crossing signs or yield crossing signs in accordance with the commissioner's order.
Subd. 2. Stopping distances. When a stop sign or a yield sign has been erected at a railroad crossing, the driver of a vehicle approaching a railroad crossing shall stop or yield within 50 feet, but not less than ten feet, from the nearest track of the crossing and shall proceed only upon exercising due care.
Sec. 56. Minnesota Statutes 2012, section 221.0314, subdivision 2, is amended to read:
Subd. 2. Qualification
of driver. Code of Federal
Regulations, title 49, part 391 and appendixes D and E, are incorporated by
reference except for sections 391.2; 391.11, paragraph (b)(1); 391.47; 391.49;
391.62; 391.64; 391.67; 391.68; and 391.69.
In addition, cross-references to sections or paragraphs not incorporated
in this subdivision are not incorporated by reference. For medical examinations conducted on and
after May 21, 2014, the term "medical examiner" as used in this
section and in the rules adopted under this section means an individual
certified by the Federal Motor Carrier Safety Administration and listed on the
National Registry of Certified Medical Examiners.
Sec. 57. Minnesota Statutes 2012, section 221.0314, subdivision 3a, is amended to read:
Subd. 3a. Waiver
for other medical condition. (a) The
commissioner may grant a waiver to a person who is not physically qualified to
drive under Code of Federal Regulations, title 49, section 391.41, paragraph
(b)(3) to (b)(13) paragraph (b)(3), (b)(10), or (b)(11). A waiver granted under this subdivision
applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive under the waiver that are designed to accommodate the applicant's medical condition or disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's report and medical examiner's certificate showing that the applicant is medically unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course of treatment prescribed by the physician, including the ability to self-monitor or manage the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not adversely affect the applicant's ability to operate a commercial motor vehicle safely; and
(10) any other information considered necessary by the commissioner including requiring a physical examination or medical report from a physician who specializes in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose conditions the commissioner considers necessary to ensure that an applicant is able to operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from the person's treating physician, or a medical specialist if the commissioner so requires in the waiver, that contain the information described in paragraph (b), clause (9), together with a description of any episode that involved the person's loss of consciousness or loss of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is required under section 169.09, subdivision 7.
(e) The commissioner shall deny an
application if, during the three years preceding the application:
(1) the applicant's driver's license
has been suspended under section 171.18, paragraph (a), clauses (1) to (9),
(11), and (12), canceled under section 171.14, or revoked under section 171.17,
171.172, or 171.174;
(2) the applicant has been convicted of
a violation under section 171.24; or
(3) the applicant has been convicted of
a disqualifying offense, as defined in Code of Federal Regulations, title 49,
section 383.51, paragraph (b), which is incorporated by reference.
(f) (e) The commissioner may deny an
application or may immediately revoke a waiver granted under this
subdivision. Notice of the
commissioner's reasons for denying an application or for revoking a waiver must
be in writing and must be mailed to the applicant's or waiver holder's last
known address by certified mail, return receipt requested. A person whose application is denied or whose
waiver is revoked is entitled to a hearing under chapter 14.
(g) (f) A waiver granted under this subdivision expires on the date of expiration shown on the medical examiner's certificate described in paragraph (b), clause (8).
Sec. 58. Minnesota Statutes 2012, section 221.0314, subdivision 9a, is amended to read:
Subd. 9a. Hours of service exemptions. The federal regulations incorporated in subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in the interstate or intrastate transportation of:
(1) agricultural commodities or farm supplies for agricultural purposes in Minnesota during the planting and harvesting seasons from March 15 to December 15 of each year; or
(2) sugar beets during the harvesting season for sugar beets from September 1 to May 15 of each year;
if the transportation is limited to an area within a 100-air-mile
150-air-mile radius from the source of the commodities or from
the retail or wholesale distribution point for of the farm
supplies.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 59. Minnesota Statutes 2012, section 398A.04, is amended by adding a subdivision to read:
Subd. 2a. Bus
rapid transit development. A
regional rail authority may exercise the powers conferred under this section
to: plan, establish, acquire, develop,
purchase, enlarge, extend, improve, maintain, equip, regulate, and protect; and
pay costs of construction and operation of a bus rapid transit system located
within its county on transit ways included in and approved by the Metropolitan
Council's 2030 Transportation Policy Plan.
This subdivision applies only to the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies only to the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 60. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws 2010, chapter 197, section 1, and Laws 2011, chapter 87, section 1, subdivision 9, is amended to read:
Subd. 9. Sunset. A city or county participating in this
pilot program may accept an individual for diversion into the pilot program
until June 30, 2013 2017. The
third party administering the diversion program may collect and disburse fees
collected pursuant to subdivision 6, paragraph (a), clause (2), through
December 31, 2014 2018, at which time the pilot program under
this section expires.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 61. CENTRAL
CORRIDOR LIGHT RAIL TRANSIT; CENTRAL STATION ACCESSIBILITY.
(a) For purposes of this section:
(1) "city" means the city of St. Paul;
(2) "council" has the meaning
given in Minnesota Statutes, section 473.121, subdivision 3; and
(3) "pedestrian skyway system"
has the meaning given in Minnesota Statutes, section 469.125, subdivision 4.
(b) Notwithstanding any law to the
contrary, for the Central Station on the Central Corridor light rail transit
line, the council and city shall include construction or establishment of
access to a pedestrian skyway system as part of the initial transit line
construction project. The council and
city shall ensure that public access to the pedestrian skyway system is provided
by an elevator located at the site of the station.
(c) The council and city shall
meet the requirements under this section at the time of initial construction of
the Central Corridor light rail transit line and the Central Station.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 62. CONVEYANCE
OF STATE LAND; KOOCHICHING COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 16B.281 to 16B.287, 92.45, 161.43, 161.44 and 222.63, or any other law
to the contrary, the commissioner of transportation may convey and quitclaim to
a private party all right, title, and interest of the state of Minnesota, in
the land described in paragraph (d).
(b) The conveyance must be in a form
approved by the attorney general. The
attorney general may make changes to the land description to correct errors and
ensure accuracy. The conveyance may take
place only upon conditions as determined by the commissioner of transportation.
(c) No direct access shall be permitted
between marked Trunk Highway 71 and the lands to be conveyed.
(d) The land to be conveyed is located
in Koochiching County and is described as follows:
That part of Tract A described below:
Tract A. All that portion of the Burlington Northern
Railroad Company's (formerly Northern Pacific Railway Company) former 400.0
foot wide Station Ground Property at Grand Falls, Minnesota, lying within a
distance of 300.0 feet northwesterly of said Railroad Company's former main
track centerline upon, over, and across the Northwest Quarter of the Southwest
Quarter, the Northwest Quarter of the Northeast Quarter of the Southwest
Quarter, the Southeast Quarter of the Southwest Quarter of the Northwest
Quarter, and the Southeast Quarter of the Northwest Quarter of Section 36,
Township 155 North, Range 25 West, Koochiching County, Minnesota;
which lies southerly of Line 1
described below:
Line 1.
Commencing at a point on the north line of the Northeast Quarter of said
Section 36, distant 466.0 feet easterly of the northwest corner thereof; thence
southwesterly at an angle of 56 degrees 41 minutes from said north line
(measured from west to south) for 458.6 feet; thence deflect to the right on a
01 degree 00 minute curve, delta angle 13 degrees 08 minutes, for 1313.3 feet;
thence on tangent to said curve for 1500.0 feet; thence deflect to the left at
an angle of 90 degrees 00 minutes for 200 feet to the point of beginning of
Line 1 to be described; thence deflect to the left at an angle of 90 degrees 00
minutes for 1500.0 feet; thence deflect to the right at an angle of 90 degrees
00 minutes for 200 feet and there terminating;
containing 16.45 acres, more or less,
of which 0.55 acres is contained within a public road (Koochiching County
State-Aid Highway 31).
(e) The conveyance in this section is
subject to the following restrictions:
(1) the right of way of the public road
(Koochiching County State-Aid Highway 31 as now located and established)
running along the east and west quarter line of said Section 36; and
(2) no access shall be permitted to
marked Trunk Highway 71 or to remaining rail bank lands in said Section 36 from
the lands conveyed in this section; except that access shall be permitted by
way of said Koochiching County State-Aid Highway 31.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 63. CONVEYANCE
OF STATE LAND; LE SUEUR COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 16B.281 to 16B.287, 92.45, 161.43, and 161.44, or any other law to the
contrary, the commissioner of transportation may convey and quitclaim to a
private party all right, title, and interest of the state of Minnesota, in the
land described in paragraph (e). The
consideration for a conveyance shall be the cost of planning, designing,
acquiring, constructing, and equipping a comparable rest area facility.
(b) Proceeds from the sale of real
estate or buildings under this section shall be deposited in the safety rest
area account established in Minnesota Statutes, section 160.2745.
(c) The conveyance must be in a form
approved by the attorney general. The
attorney general may make changes to the land description to correct errors and
ensure accuracy. The conveyance may take
place only upon conditions determined by the commissioner of transportation.
(d)
No direct access shall be permitted between marked Trunk Highway 169 and the
land conveyed under this section.
(e) The land to be conveyed is located
in Le Sueur County and is described as tracts A, B, and C:
Tract A consists of that part of the West
Half of the Southeast Quarter of Section 19, Township 112 North, Range 25 West,
Le Sueur County, Minnesota, lying southeasterly of the southeasterly
right-of-way line of marked Trunk Highway 169 as the same was located prior to
January 1, 1990, and northerly of the northerly right-of-way line of old marked
Trunk Highway 169 (now known as County State-Aid Highway 28); excepting
therefrom that part thereof lying southwesterly of the following described
line: From a point on the east line of
said Section 19, distant 1273 feet north of the east quarter corner thereof,
run southwesterly at an angle of 37 degrees 47 minutes 00 seconds from said
east section line (measured from south to west) for 3332.5 feet; thence deflect
to the right on a 01 degree 00 minute 00 second curve (delta angle 40 degrees
11 minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the
point of beginning of the line to be described; thence deflect to the left at
an angle of 90 degrees 00 minutes 00 seconds to the tangent of said curve at
said point for 1000 feet and there terminating.
Tract
B consists of that part of the East Half of the Southeast Quarter of Section
19, Township 112 North, Range 25 West,
Le Sueur County, Minnesota, lying southerly of the southeasterly right-of-way
line of marked Trunk Highway 169 as located prior to January 1, 1990,
northerly of the northerly right-of-way line of old marked Trunk Highway 169
(now known as County State-Aid Highway 28) and westerly of the following
described line: From a point on the east
line of said Section 19, distant 1273 feet north of the East Quarter corner
thereof, run southwesterly at an angle of 37 degrees 47 minutes 00 seconds from
said east section line (measured from south to west) for 2318 feet to the point
of beginning of the line to be described; thence deflect to the left at an
angle of 90 degrees 00 minutes 00 seconds for 400 feet; thence deflect to the
right at an angle of 43 degrees 00 minutes 00 seconds for 1100 feet and there
terminating.
Tract C consists of that part of the
Southwest Quarter of the Southeast Quarter of Section 19, Township 112 North,
Range 25 West, Le Sueur County, Minnesota, lying southeasterly of marked Trunk
Highway 169 as located prior to January 1, 1971, and northwesterly of old marked
Trunk Highway 169 (now known as County State-Aid Highway 28) and southwesterly
of the following described line: From a
point on the east line of said Section 19, distant 1273 feet north of the East
Quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes
00 seconds with said east section line for 3332.5 feet; thence deflect to the
right on a 01 degree 00 minute 00 second curve (delta angle 40 degrees 11
minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the point
of beginning of the line to be described; thence deflect to the left at an
angle of 90 degrees 00 minutes 00 seconds with the tangent of said curve at
said point for 1000 feet and there terminating.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 64. COMPLIANCE
WITH FEDERAL TRANSPORTATION LAW.
The
commissioner of public safety shall make all reasonable efforts to refrain from
enforcing state laws that are in conflict with provisions enacted in Public Law
112-141, Moving Ahead for Progress in the 21st Century Act (MAP-21).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 65. MARKED
U.S. HIGHWAY 53 RELOCATION PROJECT.
Notwithstanding any law to the
contrary, the commissioner of transportation, in selecting the preferred
alternative for the project involving the relocation of marked U.S. Highway 53
between Eveleth and Virginia, shall:
(1) prioritize as a District 1 project,
the acceleration of the scoping, relocation, design, and construction of this
highway;
(2) consider the economic and social
impacts on the cities of Virginia, Eveleth, Gilbert, and Mountain Iron, and not
select an alternative that will impose undue negative impact on the economies
of these cities; and
(3) refrain from closing the existing U.S.
Highway 53 corridor until construction of the rerouted highway is complete and
the highway is open to vehicle traffic.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 66. LEGISLATIVE
ROUTE NO. 235 REMOVED.
(a) Minnesota Statutes, section
161.115, subdivision 166, is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and
the governing body of Otter Tail County to transfer jurisdiction of Legislative
Route No. 235 and notifies the revisor of statutes under paragraph (b).
(b) The revisor of statutes shall
delete the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 67. LEGISLATIVE
ROUTE NO. 256 REMOVED.
(a) Minnesota Statutes, section
161.115, subdivision 187, is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and
the governing body of Blue Earth County to transfer jurisdiction of Legislative
Route No. 256 and notifies the revisor of statutes under paragraph (b).
(b) The revisor of statutes shall
delete the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 68. SPECIFIC
SERVICE SIGN.
Notwithstanding any other law or
administrative rule or order, the commissioner of transportation, after being
assured of adequate funding from nonstate sources, shall erect a specific
service sign on the east side of marked Trunk Highway 52, near its intersection
with 37th Street NW in Olmsted County. The
sign must display the name or business panel, or both, of a retail establishment
on the east side of marked Trunk Highway 52 that began operation before
construction of the noise wall on the east side of marked Trunk Highway 52, and
the premises of which is blocked from view by the noise wall.
Sec. 69. INTERSECTION
SIGNAGE; MARKED TRUNK HIGHWAY 47.
By
August 1, 2013, the commissioner of transportation shall erect additional
signage on marked Trunk Highway 47 at the intersection with McKinley
Street in Anoka indicating the turning and through lane requirements for the
intersection. The city of Anoka shall
reimburse the commissioner for the signage.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 70. ORIGINAL
IGNITION INTERLOCK DEVICE PROGRAM; USE OF EMPLOYER-OWNED VEHICLES.
A person participating in the ignition
interlock device program under Minnesota Statutes 2009, section 171.305, may
drive an employer-owned vehicle not equipped with an interlock device while in
the normal course and scope of employment duties pursuant to the program
guidelines established by the commissioner referenced in Minnesota Statutes,
section 171.306, subdivision 4, paragraph (b), and with the employer's written
consent.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 71. REPEALER.
(a) Minnesota Statutes 2012, sections
168.094; and 174.24, subdivision 5, are repealed.
(b) Minnesota Rules, parts 8820.3300,
subpart 2; and 8835.0330, subpart 2, are repealed.
Sec. 72. EFFECTIVE
DATE.
Except as provided otherwise, this act is effective August 1, 2013."
Delete the title and insert:
"A bill for an act relating to transportation; amending various provisions related to transportation and public safety policies, including highway signs, trunk highway routes, state-aid systems, motor vehicle registration and license plates, record retention, motor vehicle dealers, pupil transportation, bicycles, motor vehicle weight and equipment, disability parking, drivers' licenses and senior identification cards, federal law conformity, agency organization, commercial vehicle regulations, railroads, land conveyance, transit and transit planning, operations, and accessibility; amending Minnesota Statutes 2012, sections 160.21, subdivision 6; 160.80, subdivisions 1, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision; 161.1231, subdivision 8; 161.44, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1, 2, 3, by adding a subdivision; 168B.15; 169.011, subdivision 71; 169.18, subdivisions 4, 7; 169.19, subdivision 1; 169.222, subdivisions 2, 4, 6, 7; 169.34, subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.68; 169.824, subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 174.02, by adding a subdivision; 174.03, subdivision 1d; 174.24, subdivision 5a; 174.632; 174.636; 219.17; 219.18; 219.20; 221.0314, subdivisions 2, 3a, 9a; 398A.04, by adding a subdivision; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended; proposing coding for new law in Minnesota Statutes, chapters 171; 174; repealing Minnesota Statutes 2012, sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300, subpart 2; 8835.0330, subpart 2."
We request the adoption of this report and repassage of the bill.
Senate Conferees: D. Scott Dibble, Susan Kent, Jim Carlson, Vicki Jensen and John C. Pederson.
House Conferees: Ron Erhardt, Frank Hornstein, Sandra Masin, Mary Sawatzky and Rod Hamilton.
The Speaker called Hortman to the Chair.
Pelowski was excused between the hours of
11:45 a.m. and 12:00 noon.
Erhardt moved that the report of the
Conference Committee on S. F. No. 1270 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Erhardt
motion and the roll was called. There
were 77 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
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
Persell
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Wills
Zerwas
The motion prevailed.
S. F. No. 1270, A bill for an act relating to transportation; modifying provisions governing transportation and public safety policies, including highway signs, highway jurisdictions, accounts, state-aid definitions and variances, vehicle registration and license plates, record retention, conformance with federal law, motor vehicle dealers, type III vehicles, bicycle lanes, speed limit, disability parking, school bus safety, vehicle weights, background checks, senior identification cards, Department of Transportation offices and ombudsperson and surplus land, railroad crossing signs, bus rapid transit, transit planning, operations, and accessibility, and land conveyance; amending Minnesota Statutes 2012, sections 160.80, subdivisions 1, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a
subdivision; 161.1231, subdivision 8; 161.44, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1, 2, 3, by adding a subdivision; 168B.15; 169.011, subdivision 71; 169.14, subdivision 2; 169.18, subdivisions 4, 7; 169.19, subdivision 1; 169.34, subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.824, subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 171.12, subdivision 6; 174.02, by adding a subdivision; 174.24, subdivision 5a; 219.17; 219.18; 219.20; 221.0314, subdivisions 2, 3a, 9a; 398A.04, by adding a subdivision; Laws 2002, chapter 393, section 85; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended; proposing coding for new law in Minnesota Statutes, chapters 171; 174; repealing Minnesota Statutes 2012, sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300, subpart 2; 8835.0330, subpart 2.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 80 yeas and 49 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, S.
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
Kresha
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
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Wills
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
The
Speaker resumed the Chair.
CALENDAR
FOR THE DAY
TAKE FROM
THE TABLE
Murphy,
E., moved that S. F. No. 778 be taken from the table.
A roll call was requested and properly
seconded.
The question was taken on the Murphy, E.,
motion and the roll was called. There
were 71 yeas and 59 nays as follows:
Those who voted in the affirmative 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
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Liebling
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The motion prevailed.
S. F. No. 778 was reported
to the House.
Woodard moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 3, line 8, after the period, insert:
"A person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of family child care providers only if the person has been subject to a background check and meets the same background eligibility criteria required of a person in regular contact with children as an employee of a family day care provider."
Page 6, line 28, after the period, insert:
"A person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of individual providers only if the person has been subject to a background check and meets the same background eligibility criteria required of a person employed in a position involving regular contact with vulnerable adults."
A roll call was requested and properly
seconded.
Zellers moved to amend the Woodard amendment to S. F. No. 778, the fifth engrossment, as follows:
Page 1, after line 1, insert:
"Page 3, line 3, before "After" insert "(a)""
Page 1, after line 6, insert:
"Page 3, after line 12, insert:
"(b) No person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of family child care providers under paragraph (a) if the person has been convicted of a violation listed in section 243.166, subdivision 1b. A violation of this paragraph is a gross misdemeanor.""
Page 1, before line 7, insert:
"Page 6, line 21, before "Beginning" insert "(a)""
Page 1, after line 11, insert:
"Page 6, after line 32, insert:
"(b) No person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of individual providers under paragraph (a) if the person has been convicted of a violation listed in section 243.166, subdivision 1b. A violation of this paragraph is a gross misdemeanor.""
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 60 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Liebling
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
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 and the amendment to the amendment was not adopted.
Zellers moved to amend the Woodard amendment to S. F. No. 778, the fifth engrossment, as follows:
Page 1, after line 1, insert:
"Page 3, line 3, before "After" insert "(a)""
Page 1, after line 6, insert:
"Page 3, after line 12, insert:
"(b) No person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of family child care providers under paragraph (a) if the person has been convicted of a violation listed in section 245C.15, subdivision 1. A violation of this paragraph is a gross misdemeanor.""
Page 1, before line 7, insert:
"Page 6, line 21, before "Beginning" insert "(a)""
Page 1, after line 11, insert:
"Page 6, after line 32, insert:
"(b) No person may solicit authorization signatures on behalf of an employee organization wishing to represent the appropriate unit of individual providers under paragraph (a) if the person has been convicted of a violation listed in section 245C.15, subdivision 1. A violation of this paragraph is a gross misdemeanor.""
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 63
yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Huntley
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Liebling
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Simon
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Woodard
amendment and the roll was called. There
were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Liebling
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Kieffer moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 6, line 7, after the period, insert "A person who has not attained the age of 18 is excluded from the appropriate unit."
A roll call was requested and properly
seconded.
The question was taken on the Kieffer
amendment and the roll was called. There
were 62 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
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
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 and the amendment was not adopted.
Dean, M., moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 3, delete subdivision 9 and insert:
"Subd. 9. Parental
and citizen rights. Nothing
in this section shall be construed to interfere with or deny:
(1) parental rights to select and
deselect a family child care provider of the parent's choice;
(2) parental rights to negotiate rates,
costs, accommodations, and hours of service directly with the family child care
provider of the parent's choice; and
(3) the right or obligation of any
state agency to communicate or meet with any citizen or organization concerning
family child care legislation, regulation, or policy.
Subd. 10. Provider
rights. Nothing in this
section shall be construed to interfere with or deny:
(1) the ability of family child care
providers to establish the rates providers charge parents;
(2) the ability of family child care
providers to set the providers' own terms of employment and hours of operation;
and
(3) the rights and responsibilities of family child care providers under federal law."
Page 3, line 34, delete "10" and insert "11"
A roll call was requested and properly
seconded.
Dean, M., moved to amend his amendment to S. F. No. 778, the fifth engrossment, as follows:
Page 1, line 3, before "Nothing" insert "(a)"
Page 1, after line 10, insert:
"(b) Dues, fair share fees, or any other mandatory or voluntary fees or payments must not be deducted from child care assistance payments under chapter 119B made to a family day care provider without the written consent of the parents on whose behalf the payments are made."
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 61 yeas and 72 nays as
follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
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
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 and the amendment to the amendment was not adopted.
Dean, M., moved to amend his amendment to S. F. No. 778, the fifth engrossment, as follows:
Page 1, line 3, before "Nothing" insert "(a)"
Page 1, after line 10, insert:
"(b) Dues, fair share fees, or any other mandatory or voluntary fees or payments shall not be deducted from child care assistance payments under chapter 119B made by the commissioner of human services to a family child care provider."
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 61 yeas and 72 nays
as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
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
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 and the amendment to the amendment was not adopted.
Dean,
M., withdrew his amendment to S. F. No. 778.
Mack moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 6, line 7, after the period, insert "The appropriate unit does not include an individual providing services under the personal care assistance choice option authorized in section 256B.0659, subdivision 18, or an individual providing consumer directed community support services under section 256B.49, subdivision 16, paragraph (c)."
A roll call was requested and properly
seconded.
The question was taken on the Mack
amendment and the roll was called. There
were 62 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Swedzinski
Theis
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anderson, M.
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
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
Torkelson
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
S. F. No. 778, A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers; authorizing collective bargaining for home and community-based long-term care services; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 179A; 256B.
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 68 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
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
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Faust
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Liebling
Lohmer
Loon
Mack
McDonald
McNamar
McNamara
Myhra
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The
bill was passed and its title agreed to.
TAKE FROM THE TABLE
Simon
moved that H. F. No. 894, as amended by Conference, be taken from the
table. The motion prevailed.
H. F. No. 894, as amended by Conference,
and printed in the Journal of the House on Sunday, May 19, 2013, was again
reported to the House.
CONFERENCE
COMMITTEE REPORT ON H. F. No. 894
H. F. No. 894, A bill for an act relating to elections; making policy, technical, and clarifying changes to various provisions related to election law, including provisions related to absentee voting, redistricting, ballots, registration, voting, caucuses, campaigns, the loss and restoration of voting rights, vacancies in nomination, county government structure, and election administration; providing an electronic roster pilot project and task force; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision 3; 103C.305, subdivision 3; 103C.311, subdivision 2; 123A.48, subdivision 14; 201.054, subdivision 2, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 201.12, subdivision 3; 201.13, subdivision 1a; 201.14; 201.157; 201.275; 202A.14, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.08, subdivision 3; 203B.081; 203B.121, subdivisions 1, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04, by adding a subdivision; 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204B.18, subdivision 2; 204B.22, subdivision 1; 204B.28, subdivision 1; 204B.32, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.36, subdivision 1; 204B.45, subdivisions 1, 2; 204B.46; 204C.14; 204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25; 204C.27; 204C.35, subdivision 1, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 6; 204D.09, subdivision 2; 204D.11, subdivisions 1, 4, 5, 6; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision 3; 204D.16; 204D.165; 204D.19, subdivision 2, by adding a subdivision; 205.02, subdivision 2; 205.10, subdivision 3; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205.17, subdivisions 1, 3; 205A.04, by adding a subdivision; 205A.05, subdivisions 1, 2; 205A.07, subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.57, by adding a subdivision; 206.61, subdivision 4; 206.89, subdivision 2, by adding a subdivision; 206.895; 206.90, subdivision 6; 208.04, subdivisions 1, 2; 211B.045; 211B.37; 241.065, subdivision 2; 340A.416, subdivisions 2, 3; 340A.602; 375.20; 447.32, subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 2; 204B; 244; repealing Minnesota Statutes 2012, sections 2.484; 203B.04, subdivision 6; 204B.12, subdivision 2a; 204B.13, subdivisions 4, 6; 204B.22, subdivision 2; 204B.42; 204D.11, subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4.
The bill, as amended by Conference, was
placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 99 yeas and 32 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, M.
Anderson, P.
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Daudt
Davids
Davnie
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, S.
Barrett
Benson, M.
Cornish
Dean, M.
Dehn, R.
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Green
Gruenhagen
Hackbarth
Holberg
Howe
Johnson, B.
Kiel
Kresha
Leidiger
Lohmer
McDonald
Nornes
O'Neill
Peppin
Quam
Runbeck
Scott
Swedzinski
Theis
Wills
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
REPORTS
FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., for
the Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that during the time
between adjournment in 2013 and the convening of the House of Representatives
in 2014, the Chief Clerk and Chief Sergeant at Arms under the direction of the
Speaker shall maintain House facilities in the Capitol Complex. The House chamber, retiring room, hearing and
conference rooms, and offices shall be set up and made ready for legislative
use and reserved for the House and its committees. Those rooms may be reserved for use by others
that are not in conflict with use by the House.
The House Chamber, retiring room, and hearing rooms may be used by YMCA
Youth in Government, Girls' State, Young Leaders Organization, and 4-H
Leadership Conference.
The motion prevailed and the resolution
was adopted.
Murphy, E., for
the Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that it retains the
use of the Speaker's parking place in front of the capitol building just east
of the porte-cochère and parking lots B, C, D, N, O and the state office
building parking ramp for members and employees of the House of Representatives
during the time between adjournment in 2013 and the convening of the House of
Representatives in 2014. The Sergeant at
Arms is directed to manage the use of the lots and ramp while the House of
Representatives is adjourned. The
Controller of the House may continue to deduct from the check of any legislator
or legislative employee a sum adequate to cover the exercise of the parking
privilege.
The motion prevailed and the resolution
was adopted.
Murphy, E., for the Committee on Rules and Legislative
Administration offered the following resolution and moved its adoption:
Be It Resolved, by the House of Representatives of the
State of Minnesota, that the Chief Clerk is directed to correct and approve the
Journal of the House for the last day of the 2013 Regular Session.
Be It Further Resolved that the Chief Clerk is
authorized to include in the Journal for the last day of the 2013 Regular
Session any proceedings, including subsequent proceedings and any legislative
interim committees or commissions created or appointments made to them by
legislative action or by law.
The
motion prevailed and the resolution was adopted.
There being no objection, the order of
business reverted to Messages from the Senate.
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. 1214, A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a, 19a, 23; 168A.15, subdivision 3; 168A.153, subdivisions 1, 3; 325E.21, subdivisions 1, 1a, 4, 8, 9, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 168A; repealing Minnesota Statutes 2012, section 168A.153, subdivision 2.
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. 607, A bill for an act relating to health; changing provisions for optometrists; amending Minnesota Statutes 2012, section 148.56, subdivision 1, by adding a subdivision.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Morgan moved that the House concur in the
Senate amendments to H. F. No. 607 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
The Speaker called Hortman to the Chair.
H. F. No. 607, A bill for an act relating to health; changing provisions for optometrists; amending Minnesota Statutes 2012, section 148.56, subdivision 1, by adding a subdivision.
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 134 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
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
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 repassed, as amended by the
Senate, and its title agreed to.
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. 1587, A bill for an act relating to insurance; regulating foreign language policies and advertising; authorizing electronic notices and documents; amending Minnesota Statutes 2012, sections 60A.08, by adding a subdivision; 65A.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Rules, part 2700.0200.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Halverson moved that the House concur in
the Senate amendments to H. F. No. 1587 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1587, A bill for an act relating to insurance; regulating foreign language policies and advertising; authorizing electronic notices and documents; amending Minnesota Statutes 2012, sections 60A.08, by adding a subdivision; 65A.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Rules, part 2700.0200.
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 107 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Anderson, P.
Barrett
Benson, M.
Dean, M.
Dettmer
Drazkowski
Erickson, S.
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Howe
Kieffer
Leidiger
Lohmer
McDonald
Newberger
O'Neill
Peppin
Pugh
Quam
Runbeck
Theis
The bill was repassed, as amended by the
Senate, and its title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1183
A bill for an act relating to state government; appropriating money from constitutionally dedicated legacy funds; modifying provisions of Lessard-Sams Outdoor Heritage Council; establishing certain land acquisition requirements; providing for agricultural water quality certification; modifying provisions for restoration evaluations;
requiring use of certain standards for public water access sites; establishing Greater Minnesota Regional Parks and Trails Commission; modifying certain metropolitan area regional park provisions; extending previous appropriation; modifying Clean Water Legacy Act; prohibiting sale and use of coal tar sealant; modifying Mississippi River corridor critical area program; modifying certain grant eligibility; requiring issuance of city license; authorizing certain expenditures; requiring recapture of certain funds previously appropriated; providing for reimbursement of certain costs; requiring reports; amending Minnesota Statutes 2012, sections 3.9741, subdivision 3; 10A.01, subdivision 35; 85.53, subdivision 2; 97A.056, subdivisions 3, 10, 11, by adding subdivisions; 114D.15, by adding a subdivision; 114D.50, subdivisions 4, 6, by adding subdivisions; 116G.15, subdivisions 2, 3, 4, 7; 129D.17, subdivision 2; 129D.19, subdivisions 1, 2; Laws 2001, chapter 193, section 10; Laws 2010, chapter 361, article 3, section 7; proposing coding for new law in Minnesota Statutes, chapters 17; 85; 114D; 116; repealing Minnesota Statutes 2012, section 116.201.
May 20, 2013
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 1183 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1183 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OUTDOOR HERITAGE FUND
Section 1. OUTDOOR
HERITAGE APPROPRIATION. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the outdoor heritage fund for the fiscal year indicated
for each purpose. The figures
"2014" and "2015" used in this article mean that the
appropriations listed under the figure are available for the fiscal year ending
June 30, 2014, and June 30, 2015, respectively.
"The first year" is fiscal year 2014. "The second year" is fiscal year
2015. The "biennium" is fiscal
years 2014 and 2015. The appropriations
in this article are onetime.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
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Sec. 2. OUTDOOR
HERITAGE FUND |
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