Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4491

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2015

 

_____________________

 

SIXTY-FIRST DAY

 

Saint Paul, Minnesota, Thursday, May 14, 2015

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      The colors were presented by officers from the Minnesota State Patrol in recognition of Police Week beginning on May 11, 2015 and Peace Officer's Memorial Day on May 15, 2015.

 

      Prayer was offered by Pastor Dan Carlson, Retired Police Chief of the Eden Prairie Police Department and Chaplain of the Minnesota Law Enforcement Memorial Association, Excelsior, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      McDonald was excused.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4492

           The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

 

 

REPORTS OF CHIEF CLERK

 

      S. F. No. 706 and H. F. No. 980, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Halverson moved that S. F. No. 706 be substituted for H. F. No. 980 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1694 and H. F. No. 1935, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Green moved that S. F. No. 1694 be substituted for H. F. No. 1935 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1876 and H. F. No. 827, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Mullery moved that S. F. No. 1876 be substituted for H. F. No. 827 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 748, A bill for an act relating to disaster assistance; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; appropriating money; authorizing the sale and issuance of state bonds.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  DISASTER RELIEF APPROPRIATIONS.

 

Subdivision 1.  Appropriations.  The sums shown in the column under "Appropriations" are appropriated from the general fund for relief as specified in this act from the storms and flooding that occurred on or after June 11, 2014, in the area in Minnesota designated under Presidential Declaration of a Major Disaster FEMA-4182-DR, whether included in the original declaration or added later by federal government action.  Unless otherwise specified, the appropriations in this act are available from the day following final enactment through June 30, 2018, after which any unexpended and unencumbered balance transfers to the disaster assistance contingency account as provided in Minnesota Statutes, section 16A.28, subdivision 9.  The appropriations in this act are onetime and may be used to complete projects started with appropriations under Laws 2015, chapter 2.

 

Subd. 2.  Transfers.  Money appropriated in this act for programs under Minnesota Statutes, chapter 12A, may be transferred as provided in Minnesota Statutes, section 12A.03, subdivision 5.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4493

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2015

2016

 

Sec. 2.  TRANSPORTATION; LOCAL ROAD AND BRIDGE RECONSTRUCTION

 

$800,000

 

 

$0

 

To the commissioner of transportation for grants under Minnesota Statutes, sections 12A.16, subdivision 3, and 174.50, to local governments.

 

Sec. 3.  MINNESOTA HISTORICAL SOCIETY

 

$100,000

 

$0

 

To the Minnesota Historical Society for an assessment of the damage and repair of historic structures or other historic resources under Minnesota Statutes, section 12A.11. 

 

Sec. 4.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$5,155,000

 

$0

 

To the commissioner of natural resources for the purposes specified in Minnesota Statutes, section 12A.12.  The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Facility and Natural Resource Damage

 

2,140,000

 

0

 

For the purposes specified in Minnesota Statutes, section 12A.12, subdivision 1.

 

Subd. 3.  Flood Hazard Mitigation Grants

 

3,015,000

 

0

 

For the purposes specified in Minnesota Statutes, section 12A.12, subdivision 2.  Funds are also available for the local share of flood mitigation projects.  This appropriation includes funds for a grant to the Prior Lake-Spring Lake Watershed District for restoration of the Prior Lake outlet channel.

 

Sec. 5.  BOARD OF WATER AND SOIL RESOURCES

 

 

 

 

Subdivision 1.  Total Appropriation

 

$10,700,000

 

$6,600,000

 

To the Board of Water and Soil Resources for the purposes specified in Minnesota Statutes, section 12A.05.  The amounts that may be spent for each purpose are specified in the following subdivisions.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4494

Subd. 2.  Reinvest in Minnesota (RIM) Conservation Easements

 

4,700,000

 

 

0

 

For the purposes specified in Minnesota Statutes, section 12A.05, subdivision 1.  The duration of the easements shall be perpetual.

 

Subd. 3.  Erosion, Sediment, and Water Quality Control Cost‑Share Program

 

6,000,000

 

 

6,600,000

 

For the purposes specified in Minnesota Statutes, section 12A.05, subdivision 2.  Priority use of these funds shall be to supplement or match federal funds whenever possible and practical.

 

Sec. 6.  DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

$100,000

 

 

$0

 

Notwithstanding Minnesota Statutes, section 12A.03, subdivision 3, to the commissioner of employment and economic development for a grant to the Children's Museum of Southern Minnesota for flood loss incurred by the museum.

 

Sec. 7.  EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to disaster assistance; appropriating money for relief."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 839, A bill for an act relating to state finances; adjusting the date of the February forecast; amending Minnesota Statutes 2014, section 16A.103, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 10, before "February" insert "the last day of" and delete "28"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4495

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 748 and 839 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 706, 1694 and 1876 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Nornes, Poppe, Hackbarth, Hansen and Backer introduced:

 

H. F. No. 2331, A bill for an act relating to environment; modifying permit requirements for subsurface sewage treatment systems; amending Minnesota Statutes 2014, section 115.55, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.

 

 

Loonan and Atkins introduced:

 

H. F. No. 2332, A bill for an act relating to insurance; establishing requirements for merged market health plans; making related changes; amending Minnesota Statutes 2014, sections 62K.15; 62L.02, subdivision 27; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Selcer; Murphy, M.; Mariani; Marquart; Yarusso; Hortman; Davnie; Halverson; Fischer; Johnson, C.; Ward; Simonson; Erhardt; Anzelc; Applebaum; Murphy, E.; Persell; Sundin; Hansen; Metsa; Schultz; Melin; Considine; Freiberg; Nelson; Johnson, S.; Hausman; Lenczewski; Laine; Rosenthal; Slocum; Bernardy; Bly and Moran introduced:

 

H. F. No. 2333, A bill for an act relating to education; providing for funding and policy in early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, facilities and technology, nutrition and accounting, libraries, early childhood education, prevention, self‑sufficiency and lifelong learning, and state agencies; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 5A.03; 119B.011, subdivision 15; 120A.41; 122A.18, subdivision 8; 122A.415, subdivision 1; 122A.63, subdivisions 4, 5, 6; 123A.482; 123B.57; 124D.11, subdivision 1; 124D.1158, subdivision 3; 124D.162; 124D.165, subdivision 2; 124D.42, subdivision 8; 124D.59, subdivision 2; 124D.81; 124D.83, subdivision 2; 125A.0942, subdivision 3; 125A.76, subdivisions 1, 2a; 125A.79, subdivisions 1, 5; 126C.01, subdivision 2; 126C.05, subdivision 1; 126C.10, subdivisions 1, 2, 2a, 2d, 2e, 13a, 18; 127A.33; 127A.41, subdivisions 8, 9; 134.355, subdivisions 5, 8, 9, 10; 136A.162; 256J.21, subdivision 2; 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapters 122A; 123B; 124D; repealing Minnesota Statutes 2014, sections 122A.63, subdivisions 3, 7, 8; 123B.59; 123B.591.

 

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


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4496

Newberger introduced:

 

H. F. No. 2334, A bill for an act relating to capital investment; appropriating money for a wastewater treatment facility for Clear Lake and Clearwater; authorizing the issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Lenczewski introduced:

 

H. F. No. 2335, A bill for an act relating to capital investment; appropriating money to develop trail connections to the Minnesota Valley Trail in the city of Bloomington; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.

 

 

Peterson and Norton introduced:

 

H. F. No. 2336, A bill for an act relating to health; establishing licensing requirements for behavior analysts and assistant behavior analysts; modifying definitions related to autism spectrum disorder; creating an advisory council; amending Minnesota Statutes 2014, section 148B.51; proposing coding for new law as Minnesota Statutes, chapter 148G.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Masin and Hornstein introduced:

 

H. F. No. 2337, A bill for an act relating to transportation; capital investment; appropriating money for bridge and interchange projects on a segment of marked Interstate Highway 35W; authorizing the sale and issuance of state bonds.

 

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

 

 

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. 385, A bill for an act relating to business organizations; modifying conversion provisions; amending Minnesota Statutes 2014, sections 66A.02, subdivision 4; 302A.011, subdivisions 19, 22, 63, 64, 68, by adding a subdivision; 302A.471, subdivision 1; 302A.691; 302A.692; 322B.03, subdivision 37, by adding subdivisions; 322B.383, subdivision 1; 322C.0105, subdivision 2, by adding a subdivision; 322C.0110, subdivisions 4, 7; 322C.0201, subdivision 2; 322C.0203, subdivision 1; 322C.0404, subdivision 1; 322C.0407, subdivisions 1, 4; 322C.0408, subdivision 6; 322C.0410, subdivision 2; 322C.0502, subdivision 4; 322C.0902; 322C.1001,


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4497

subdivisions 11, 12; 322C.1007; 322C.1009; 322C.1101, subdivision 5; 322C.1204, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 302A; 322B; repealing Minnesota Statutes 2014, sections 302A.681; 302A.683; 302A.685; 302A.687; 302A.689; 322B.78; Laws 2014, chapter 157, article 2, sections 10; 11; 12; 13; 14; 15; 16; 30. 

 

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. 450, A bill for an act relating to the military; establishing Military Spouses and Families Day; proposing coding for new law in Minnesota Statutes, chapter 10. 

 

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. 1556, A bill for an act relating to veterans; changing "Hire a Veteran Month" from May to July; amending Minnesota Statutes 2014, section 10.565. 

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

S. F. Nos. 362, 1757 and 1973. 

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 362, A bill for an act relating to veterans; designating the Honor and Remember Flag as an official symbol of the state's commitment to military service members who have lost their lives in service to our country; encouraging display of the flag on certain days in certain public locations; proposing coding for new law in Minnesota Statutes, chapter 197.

 

The bill was read for the first time. 

 

Dettmer moved that S. F. No. 362 and H. F. No. 146, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4498

S. F. No. 1757, A bill for an act relating to health; modifying the definition of lodging establishment; amending Minnesota Statutes 2014, section 157.15, subdivision 8.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

S. F. No. 1973, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.

 

The bill was read for the first time. 

 

Quam moved that S. F. No. 1973 and H. F. No. 2106, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

      The members of the House paused to honor Associate Justice Alan C. Page upon his retirement from the Minnesota Supreme Court.

 

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Garofalo.

 

 

      Franson and Isaacson were excused between the hours of 1:10 p.m. and 1:30 p.m.

 

      Allen was excused between the hours of 1:10 p.m. and 1:50 p.m.

 

      Baker was excused between the hours of 1:10 p.m. and 2:10 p.m.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 229 was reported to the House.

 

 

Smith moved to amend S. F. No. 229, the third engrossment, as follows:

 

Page 12, delete section 25

 

Page 13, delete section 26 and insert:

 

"Sec. 25.  Minnesota Statutes 2014, section 349A.13, is amended to read:

 

349A.13 RESTRICTIONS.

 

Subdivision 1.  Authorizations.  Nothing in this chapter The director shall not:


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4499

(1) authorizes the director to conduct a lottery game or contest the winner or winners of which are determined by the result of a sporting event other than a horse race conducted under chapter 240;

 

(2) authorizes the director to install or operate a lottery device operated by coin or currency which when operated determines the winner of a game; and

 

(3) authorizes the director to sell pull-tabs as defined under section 349.12, subdivision 32; and

 

(4) offer the play of, on an electronic terminal, through a Web site, or by any other means or device, casino-style games, including, but not limited to, blackjack, craps, keno, dice games, roulette, or poker.

 

Subd. 2.  Self-service device and online sales.  (a) By August 1, 2018, the director of the State Lottery shall suspend the sale of lottery tickets through:

 

(1) a self-service device that is part of, shares a display with, or is adjacent to a retail petroleum dispenser under section 239.751, including all contracts related to this activity; and

 

(2) a self-service device that is part of, shares a display with, or is adjacent to an electronic financial terminal under section 47.61, subdivision 3, including all contracts related to this activity.

 

The suspension under this paragraph remains in effect until repealed or amended by law by the legislature.

 

(b) By August 1, 2018, the director of the State Lottery shall suspend the sale of instant win lottery tickets through a Web site, including all contracts related to this activity.  The suspension under this paragraph remains in effect until repealed or amended by law by the legislature.  The suspension under this paragraph does not apply to the sale of tickets of a joint lottery within the meaning of section 349A.02, subdivision 3, or games that rely on a drawing to select a winner.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      S. F. No. 229, A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and other provisions regulating the conduct of lawful gambling; prohibiting director of State Lottery from offering casino-style games; amending Minnesota Statutes 2014, sections 349.12, subdivision 18, by adding subdivisions; 349.16, by adding a subdivision; 349.163, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivisions 2, 10, 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349A.13; repealing Minnesota Statutes 2014, sections 349.169; 349.19, subdivision 9.

 

 

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


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4500

           The question was taken on the passage of the bill and the roll was called.

 

      Pursuant to rule 2.05, Selcer was excused from voting on the final passage of S. F. No. 229.

 

      There were 122 yeas and 6 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Simonson

Slocum

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Dehn, R.

Hackbarth

Knoblach

Moran

Peppin

Smith


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 1854, A bill for an act relating to transportation; designating the segment of marked Trunk Highway 36 in Maplewood as Sergeant Joseph Bergeron Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4501

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 280, A bill for an act relating to state government; ratifying labor agreements and compensation plans.

 

 

      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 116 yeas and 15 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Barrett

Bennett

Bernardy

Bly

Carlson

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Dill

Erhardt

Erickson

Fabian

Fenton

Fischer

Freiberg

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Anderson, M.

Christensen

Dean, M.

Drazkowski

Franson

Garofalo

Hackbarth

Hertaus

Koznick

Lucero

Nash

Newberger

Peppin

Pugh

Quam


 

 

      The bill was passed and its title agreed to.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4502

           S. F. No. 1679, A bill for an act relating to auto insurance; providing transportation network financial responsibility; amending Minnesota Statutes 2014, section 65B.64, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 65B.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 86 was reported to the House.

 

 

      Cornish moved to amend S. F. No. 86, the third engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 222, the second engrossment:

 

"Section 1.  Minnesota Statutes 2014, section 13.82, subdivision 2, is amended to read:

 

Subd. 2.  Arrest data.  The following data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty shall be public at all times in the originating agency:

 

(a) time, date and place of the action;


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4503

(b) any resistance encountered by the agency;

 

(c) any pursuit engaged in by the agency;

 

(d) whether any weapons were used by the agency or other individual;

 

(e) the charge, arrest or search warrants, or other legal basis for the action;

 

(f) the identities of the agencies, units within the agencies and individual persons taking the action;

 

(g) whether and where the individual is being held in custody or is being incarcerated by the agency;

 

(h) the date, time and legal basis for any transfer of custody and the identity of the agency or person who received custody;

 

(i) the date, time and legal basis for any release from custody or incarceration;

 

(j) the name, age, sex and last known address of an adult person or the age and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of liberty;

 

(k) whether the agency employed an automated license plate reader, wiretaps or other eavesdropping techniques, unless the release of this specific data would jeopardize an ongoing investigation;

 

(l) the manner in which the agencies received the information that led to the arrest and the names of individuals who supplied the information unless the identities of those individuals qualify for protection under subdivision 17; and

 

(m) response or incident report number.

 

Sec. 2.  Minnesota Statutes 2014, section 13.82, is amended by adding a subdivision to read:

 

Subd. 31.  Use of surveillance technology.  Notwithstanding subdivision 25, and section 13.37, subdivision 2, the existence of all technology maintained by a law enforcement agency that may be used to electronically capture an audio, video, photographic, or other record of the activities of the general public, or of an individual or group of individuals, for purposes of conducting an investigation, responding to an incident or request for service, monitoring or maintaining public order and safety, or engaging in any other law enforcement function authorized by law is public data.

 

Sec. 3.  [13.824] AUTOMATED LICENSE PLATE READERS.

 

Subdivision 1.  Definition.  As used in this section, "automated license plate reader" means government data derived from an automated reader that captures motor vehicle license plate numbers.  Automated license plate reader includes a device that is owned or operated by a person who is not a government entity to the extent that data collected by the reader are shared with a law enforcement agency.

 

Subd. 2.  Data collection; classification; use restrictions.  (a) Data collected by an automated license plate reader must be limited to the following:

 

(1) license plate numbers;

 

(2) date, time, and location data on vehicles; and


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4504

(3) pictures of license plates, vehicles, and areas surrounding the vehicles.

 

Collection of any data not authorized by this paragraph is prohibited.

 

(b) All data collected by an automated license plate reader are private data on individuals or nonpublic data unless the data are public under section 13.82, subdivision 2, 3, or 6, or are active criminal investigative data under section 13.82, subdivision 7.

 

(c) Data collected from an automated license plate reader may only be matched with data in the Minnesota license plate data file, provided that a law enforcement agency may use additional sources of data for matching if the additional data relate to an active criminal investigation.  A central state repository of automated license plate reader data is prohibited unless explicitly authorized by law.

 

(d) An automated license plate reader may not be used to target and track a person subject to an active criminal investigation unless authorized by a warrant, issued upon probable cause.

 

Subd. 3.  Destruction of data required.  (a) Notwithstanding section 138.17, and except as otherwise provided in this subdivision, data collected by an automated license plate reader that are not related to an active criminal investigation must be destroyed no later than 30 days from the date of collection.

 

(b) Upon written request from an individual who is the subject of a pending criminal charge or complaint, along with the case or complaint number and a statement that the data may be used as exculpatory evidence, data otherwise subject to destruction under paragraph (a) must be preserved by the law enforcement agency until the criminal charge or complaint is resolved or dismissed.

 

(c) Upon written request from a program participant under chapter 5B, automated license plate reader data related to the program participant must be destroyed at the time of collection or upon receipt of the request, whichever occurs later, unless the data are active criminal investigative data.  The existence of a request submitted under this paragraph is private data on individuals.

 

(d) Data that are inactive criminal investigative data are subject to destruction according to the retention schedule for the data established under section 138.17.

 

Subd. 4.  Sharing among law enforcement agencies.  (a) Automated license plate reader data that are not related to an active criminal investigation may only be shared with, or disseminated to, another law enforcement agency upon meeting the standards for requesting access to data as provided in subdivision 7.

 

(b) If data collected by an automated license plate reader are shared with another law enforcement agency under this subdivision, the agency that receives the data must comply with all data classification, destruction, and security requirements of this section.

 

(c) Automated license plate reader data that are not related to an active criminal investigation may not be shared with, disseminated to, sold to, or traded with any other individual or entity unless explicitly authorized by this subdivision or other law.

 

Subd. 5.  Log of use required.  (a) A law enforcement agency that installs or uses an automated license plate reader must maintain a public log of its use, including but not limited to:

 

(1) specific times of day that the reader actively collected data;

 

(2) the aggregate number of vehicles or license plates on which data are collected for each period of active use;


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4505

(3) for each period of active use, the number of vehicles or license plates in each of the following categories where the data identify a vehicle or license plate that has been stolen, a warrant for the arrest of the owner of the vehicle or an owner with a suspended or revoked driver's license or similar category, or are active investigative data; and

 

(4) for a reader at a stationary or fixed location, the location at which the reader actively collected data and is installed and used.

 

(b) The law enforcement agency must maintain a list of the current and previous locations, including dates at those locations, of any fixed stationary automated license plate readers used by the agency.  The agency's list must be accessible to the public, unless the agency determines that the data are security information as provided in section 13.37, subdivision 2.  A determination that these data are security information is subject to in-camera judicial review as provided in section 13.08, subdivision 4.

 

Subd. 6.  Annual audit.  (a) In addition to the log required under subdivision 5, the law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data.  The law enforcement agency shall arrange for an independent, annual audit of the records to determine whether data currently in the records are classified, how the data are used, whether they are destroyed as required under this section, and to verify compliance with subdivision 7.  Data in the records required under this paragraph are classified as provided in subdivision 2.

 

(b) The results of the audit are public.  A law enforcement agency determined to be in a pattern of substantial noncompliance with this section must immediately suspend operation of all automated license plate reader devices until such time as the legislature has authorized the agency, by law, to reinstate their use.  An order of suspension under this paragraph shall be issued by the commissioner of administration, upon review of the results of the audit, review of the applicable provisions of this chapter, and after providing the agency a reasonable opportunity to respond to the audit's findings.

 

(c) A report summarizing the results of each audit must be provided to the commissioner of administration, to the chair and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over data practices and public safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 30 days following completion of the audit.

 

Subd. 7.  Authorization to access data.  (a) A law enforcement agency must comply with sections 13.05, subdivision 5, and 13.055 in the operation of automated license plate readers, and in maintaining automated license plate reader data.

 

(b) The responsible authority for a law enforcement agency must establish written procedures to ensure that law enforcement personnel have access to the data only if authorized in writing, on a case-by-case basis, by the chief of police, sheriff, or head of the law enforcement agency, or their designee, to obtain access to data collected by an automated license plate reader for a legitimate, specified, and documented law enforcement purpose.  Consistent with the requirements of paragraph (c), a request for access must be pertinent to an active criminal investigation, and must include a record of the factual basis for the request and any associated case number, complaint, or incident that is the basis for the request.

 

(c) The ability of authorized individuals to enter, update, or access automated license plate reader data must be limited through the use of role-based access that corresponds to the official duties or training level of the individual and the statutory authorization that grants access for that purpose.  All queries and responses, and all actions in which data are entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail.  Data contained in the audit trail are public, to the extent that the data are not otherwise classified by law.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4506

Subd. 8.  Notification to Bureau of Criminal Apprehension.  (a) Within ten days of the installation or current use of an automated license plate reader, a law enforcement agency must notify the Bureau of Criminal Apprehension of that installation or use and of any fixed location of a stationary automated license plate reader.

 

(b) The Bureau of Criminal Apprehension must maintain a list of law enforcement agencies using automated license plate readers, including locations of any fixed stationary automated license plate readers.  Except to the extent that the law enforcement agency determines that the location of a specific reader is security information, as defined in section 13.37, this list is accessible to the public and must be available on the bureau's Web site.  A determination that the location of a reader is security information is subject to in-camera judicial review, as provided in section 13.08, subdivision 4.

 

EFFECTIVE DATE.  This section is effective the August 1, 2015.  Data collected before the effective date of this section must be destroyed, if required by this section, no later than 15 days after the date this section becomes effective.

 

Sec. 4.  [626.8472] AUTOMATED LICENSE PLATE READER POLICY.

 

The chief law enforcement officer of every state and local law enforcement agency that maintains an automated license plate reader shall establish and enforce a written policy governing use of the reader.  Use of an automated license plate reader without adoption of a written policy under this section is prohibited.  At a minimum, the policies and procedures must incorporate the requirements of section 13.824, and the employee discipline standards for unauthorized access to data contained in section 13.09.

 

EFFECTIVE DATE.  This section is effective August 1, 2015, provided that chief law enforcement officers shall adopt the policy required under this section no later than January 15, 2016."

 

      Delete the title and insert:

 

      "A bill for an act relating to data practices; classifying data related to automated license plate readers and requiring a governing policy; requiring a log of use; requiring data to be destroyed in certain circumstances; requiring a report; amending Minnesota Statutes 2014, section 13.82, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 13; 626."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Lesch moved to amend S. F. No. 86, the third engrossment, as amended, as follows:

 

Page 3, line 11, delete "no"

 

Page 3, line 12, delete "later than 30 days from" and insert "on"

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

      Daudt, Knoblach and Peppin were excused for the remainder of today's session.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4507

           S. F. No. 86, A bill for an act relating to data practices; classifying data and providing procedures related to automated license plate readers and portable recording systems; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Cornish

Daniels

Davids

Davnie

Dean, M.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

      Those who voted in the negative were:

 


Considine

Dehn, R.

Thissen


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 1025, A bill for an act relating to civil actions; modifying certain protections related to public participation in government; amending Minnesota Statutes 2014, sections 554.01, subdivision 6; 554.05; proposing coding for new law in Minnesota Statutes, chapter 554; repealing Minnesota Statutes 2014, section 604A.34.

 

 

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

 

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

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4508

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 1587, A bill for an act relating to real property; extending the protection of the equity-stripping law to owners of agricultural property; amending Minnesota Statutes 2014, sections 325N.01; 325N.10, subdivisions 2, 7; 325N.17.

 

 

      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 105 yeas and 25 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Dill

Erhardt

Fabian

Fischer

Franson

Freiberg

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Quam

Rarick

Rosenthal

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Sundin

Swedzinski

Thissen

Torkelson

Urdahl

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim



Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4509

           Those who voted in the negative were:

 


Anderson, S.

Christensen

Dean, M.

Drazkowski

Erickson

Fenton

Garofalo

Green

Hackbarth

Hancock

Hertaus

Koznick

Kresha

Lohmer

Loonan

Lucero

Newberger

Peterson

Pugh

Runbeck

Smith

Theis

Uglem

Vogel

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1519 was reported to the House.

 

 

Swedzinski moved to amend H. F. No. 1519, the first engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:

 

Subd. 12e.  Electronic raffle selection system.  "Electronic raffle selection system" means a system which uses a board-approved random number generator to select winning raffle numbers and includes raffle sales devices.

 

Sec. 2.  Minnesota Statutes 2014, section 349.12, subdivision 18, is amended to read:

 

Subd. 18.  Gambling equipment.  "Gambling equipment" means gambling equipment that is either disposable or permanent gambling equipment.

 

(a) Disposable gambling equipment includes the following:

 

(1) bingo hard cards or paper sheets, including linked bingo paper sheets;

 

(2) paper and electronic pull-tabs;

 

(3) jar tickets;

 

(4) paddle tickets and paddle ticket cards;

 

(5) tipboards and tipboard tickets; and

 

(6) promotional tickets that mimic a pull-tab or tipboard.

 

(b) Permanent gambling equipment includes the following:

 

(1) devices for selecting bingo numbers;

 

(2) electronic bingo devices;

 

(3) electronic pull-tab devices;

 

(4) pull-tab dispensing devices;


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4510

(5) programmable electronic devices that have no effect on the outcome of a game and are used to provide a visual or auditory enhancement of a game;

 

(6) paddlewheels; and

 

(7) paddlewheel tables.; and

 

(8) electronic raffle selection systems.

 

Sec. 3.  Minnesota Statutes 2014, section 349.12, subdivision 19, is amended to read:

 

Subd. 19.  Gambling manager.  "Gambling manager" means a person who has been designated by the organization to supervise the lawful gambling conducted by it, has been an active member of the organization for at least the most recent six months 90 days at the time of the application for a gambling manager license, and meets other qualifications as prescribed by the board by rule.

 

Sec. 4.  Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:

 

Subd. 33a.  Raffle sales device.  "Raffle sales device" is an attendant-operated cashier station used as a point of sale for raffle tickets from which a raffle participant may purchase a raffle ticket.

 

Sec. 5.  Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:

 

Subd. 33b.  Share the pot raffle.  "Share the pot raffle" means a raffle in which the prize amount is a percentage of the raffle's gross receipts.

 

Sec. 6.  Minnesota Statutes 2014, section 349.13, is amended to read:

 

349.13 LAWFUL GAMBLING.

 

Lawful gambling is not a lottery or gambling within the meaning of sections 609.75 to 609.76 if it is conducted under this chapter.  A pull-tab dispensing device, electronic bingo device, and electronic pull-tab device permitted under this chapter and by board rule is not a gambling device within the meaning of sections 609.75 to 609.76 and chapter 299L.  An electronic game device allowed under this chapter may not be a slot machine.  Electronic game devices, including but not limited to electronic bingo devices, electronic paddlewheels, and electronic pull-tab devices, and electronic raffle selection systems authorized under this chapter, may only be used in the conduct of lawful gambling permitted under this chapter and board rule and may not display or simulate any other form of gambling or entertainment, except as otherwise allowed under this chapter.

 

Sec. 7.  Minnesota Statutes 2014, section 349.163, subdivision 2, is amended to read:

 

Subd. 2.  License; fee.  The annual fee for a manufacturer's license is $9,000.  The annual license fee for manufacturers of only electronic raffle selection systems license is $1,000.

 

Sec. 8.  Minnesota Statutes 2014, section 349.167, subdivision 1, is amended to read:

 

Subdivision 1.  Gambling manager required.  (a) All lawful gambling conducted by a licensed organization must be under the supervision of a gambling manager.  A gambling manager designated by an organization to supervise lawful gambling is responsible for the gambling gross receipts of the organization and for its conduct in compliance with all laws and rules.  A person designated as a gambling manager shall maintain a dishonesty bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of the manager's duties.  The terms of the bond must provide that notice be given to the board in writing not less than 30 days before its cancellation.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4511

(b) Except as otherwise provided under this paragraph, a person may not act as a gambling manager for more than one organization.  If a lawful gambling organization loses its gambling manager or its gambling manager is not capable of performing the duties, and no organization member is available to perform the duties of gambling manager, an interim gambling manager from another lawful gambling organization may be appointed by the organization with a vacancy to fill the vacant gambling manager position.  An interim gambling manager must obtain a license from the board as a gambling manager for the lawful gambling organization with a vacancy.  An interim gambling manager license shall not be valid for more than 120 days.  A gambling manager serving as an interim gambling manager under this paragraph is not required to be a member of the lawful gambling organization with a vacancy at the time the interim gambling manager begins service to the organization with a vacancy.  The fee for an interim gambling manager's license is $100.

 

(c) An organization may not conduct lawful gambling without having a gambling manager.

 

(d) An organization may not have more than one gambling manager at any time.

 

Sec. 9.  Minnesota Statutes 2014, section 349.173, is amended to read:

 

349.173 CONDUCT OF RAFFLES.

 

(a) Raffle tickets or certificates of participation at a minimum must list the three most expensive prizes to be awarded and include the location, date, and time of the selection of the winning entries.  If additional prizes will be awarded, a complete list of additional prizes must be publicly posted at the event and copies of the complete prize list made available upon request.  Raffles conducted under the exemptions in section 349.166 may use tickets that contain only the sequential number of the raffle ticket and no other information if the organization makes a list of prizes and a statement of other relevant information required by rule available to persons purchasing tickets and if tickets are only sold at the event and on the date when the tickets are drawn.

 

(b) Raffles must be conducted in a manner that ensures:

 

(1) all entries in the raffle have an equal chance of selection;

 

(2) entry in the raffle is not conditioned upon any other purchase, except that a certificate of participation may be a button with a nominal value of less than $5;

 

(3) the method of selection is conducted in a public forum;

 

(4) the method of selection cannot be manipulated or based on the outcome of an event not under the control of the organization;

 

(5) physical presence at the raffle is not a requirement to win; and

 

(6) all sold and unsold tickets or certificates of participation are accounted for.

 

(c) An organization that is permitted under this section and authorized by the Gambling Control Board to conduct raffles may conduct a raffle in conjunction with a wild game or fish taking event.  The wild game or fish must be legally taken under chapters 97A to 97C, and rules adopted pursuant to those chapters.  The organization may sell a combined ticket for a single price for the event and raffle, provided that the combined ticket states the amount of the price that applies to the wild game or fish event, and the amount that applies to the raffle.  All other provisions of sections 349.11 to 349.23 apply to the raffle.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4512

(d) Methods of selecting winning entries from a raffle other than prescribed in rule may be used with the prior written approval of the board.

 

(e) For raffles conducted by a licensed organization, the entries may be selected by use of a board-approved random number generator if, at the time of sale, the number contained on the raffle ticket is captured by the electronic raffle selection system and electronically recorded as an entry in the raffle.

 

(f) The board may by rule authorize but not require the use of electronic raffle selection systems.

 

(g) The board may by rule adopt minimum technical standards for electronic raffle selection systems.

 

Sec. 10.  Minnesota Statutes 2014, section 349.211, subdivision 1, is amended to read:

 

Subdivision 1.  Bingo.  Except as provided in subdivisions 1a and 2, prizes for a single bingo game may not exceed $200 $500 except prizes for a cover-all game, which may exceed $200 $500 if the aggregate value of all cover-all prizes in a bingo occasion does not exceed $1,000 $2,000.  Total prizes awarded at a bingo occasion may not exceed $2,800 $5,000, unless a cover-all game is played in which case the limit is $3,800 $7,000.  A prize may be determined based on the value of the bingo packet sold to the player.  For purposes of this subdivision, a cover-all game is one in which a player must cover all spaces except a single free space to win and includes a game in which all odd or all even numbers are designated by the organization as covered prior to the start of the game.

 

Sec. 11.  Minnesota Statutes 2014, section 349.213, subdivision 1, is amended to read:

 

Subdivision 1.  Local regulation.  (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling.

 

(b) A statutory or home rule city or county may require a permit for the conduct of gambling exempt from licensing under section 349.166.  The fee for a permit issued under section 349.166 may not exceed $100.

 

(c) The authority granted by this subdivision does not include the authority to require a license or fee for a license or permit to conduct gambling by organizations, gambling managers, gambling employees, or sales by distributors or linked bingo game providers licensed by or registered with the board.

 

(d) The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent per year from its net profits derived from lawful gambling.

 

(e) For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling.

 

(f) A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except:

 

(1) as authorized under section 349.16, subdivision 8, or 297E.02; or

 

(2) by an ordinance requirement that such organizations must contribute ten percent per year of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund.  The funds must be disbursed by the local unit of government for (i) charitable contributions as defined in section 349.12, subdivision 7a, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations.  A contribution made by an organization is not considered an expenditure to the city or county nor a tax


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4513

under section 297E.02, and is valid and lawful.  A city or county receiving and making expenditures authorized under this clause must by March 15 of each year file a report with the board, on a form the board prescribes, that lists all such revenues collected, interest received on fund balances, and expenditures for the previous calendar year.  A home rule or statutory city or county making charitable contributions authorized under this clause must acknowledge financial contributions of organizations conducting lawful gambling to the community and to the recipients of the funds.  This may occur in communications about the funds as well as in the distribution of funds.

 

(g) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area.  Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful purpose expenditures which must be expended within the trade area.  A trade area defined by a city under this subdivision must include each city and township contiguous to the defining city.

 

(h) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels.

 

Sec. 12.  EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 1519, A bill for an act relating to lawful gambling; modifying provisions relating to gambling managers; providing for certain raffles; increasing prize limits; prescribing local regulation; amending Minnesota Statutes 2014, sections 349.12, subdivisions 18, 19, by adding subdivisions; 349.13; 349.163, subdivision 2; 349.167, subdivision 1; 349.173; 349.211, subdivision 1; 349.213, subdivision 1.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4514

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 1350, A bill for an act relating to transportation; designating a segment of signed Trunk Highway 149 in Mendota Heights as Officer Scott Patrick Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.

 

 

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

 

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

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

 

      The bill was passed and its title agreed to.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4515

           S. F. No. 634, A bill for an act relating to lawful gambling; making changes relating to games, licensing, reporting, and other regulatory provisions; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2014, sections 349.12, subdivisions 3c, 18; 349.16, by adding a subdivision; 349.161, by adding a subdivision; 349.163, subdivision 9, by adding a subdivision; 349.1635, by adding a subdivision; 349.1641; 349.165, subdivision 5; 349.166; 349.168, subdivision 8; 349.169; 349.17, subdivisions 3, 7, 9; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivisions 2, 5; 349.211, subdivision 2; repealing Minnesota Statutes 2014, section 349.19, subdivision 9b.

 

 

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

 

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

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 307

 

A bill for an act relating to transportation; commerce; providing for proof of insurance in electronic format; amending Minnesota Statutes 2014, section 169.791, subdivisions 1, 2.

 

May 13, 2015

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

We, the undersigned conferees for H. F. No. 307 report that we have agreed upon the items in dispute and recommend as follows:


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4516

That the Senate recede from its amendment.

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Dan Fabian, Nick Zerwas and Debra Hilstrom.

 

Senate Conferees:  Kent Eken, Susan Kent and Carrie Ruud.

 

 

      Fabian moved that the report of the Conference Committee on H. F. No. 307 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      H. F. No. 307, A bill for an act relating to transportation; commerce; providing for proof of insurance in electronic format; amending Minnesota Statutes 2014, section 169.791, subdivisions 1, 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 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4517

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Peppin from the Committee on Rules and Legislative Administration to which was referred:

 

S. F. No. 1215, A bill for an act relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 1215 was read for the second time.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Saturday, May 16, 2015 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 1694; H. F. No. 748; and S. F. No. 698.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hertaus moved that S. F. No. 1244 be recalled from the Committee on Public Safety and Crime Prevention Policy and Finance and be re-referred to the Committee on Rules and Legislative Administration.  The motion prevailed.

 

 

MOTION TO SUSPEND RULES

 

      Bly moved that the rules of the House be so far suspended that H. F. No. 2296 be recalled from the Committee on Agriculture Finance, be given its second and third readings, and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Bly motion and the roll was called.  There were 62 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Dill

Erhardt

Fischer

Freiberg

Halverson

Hansen

Hausman


Journal of the House - 61st Day - Thursday, May 14, 2015 - Top of Page 4518

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas


 

 

      The motion did not prevail.

 

 

ANNOUNCEMENT FROM THE COMMITTEE ON

RULES AND LEGISLATIVE ADMINISTRATION

 

      Pursuant to rules 1.21 and 1.22, the Committee on Rules and Legislative Administration specified Friday, May 15, 2015, as the date after which the 5:00 p.m. deadlines no longer apply to the designation of bills to be placed on the Calendar for the Day and to the announcement of the intention to request that bills be considered by the House on the Fiscal Calendar.

 

 

ADJOURNMENT

 

      McNamara moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, May 15, 2015.  The motion prevailed.

 

      McNamara moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Garofalo declared the House stands adjourned until 10:00 a.m., Friday, May 15, 2015.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives