Journal of the House - 106th Day Part 1

A quorum was present.

The Speaker called Thissen to the Chair.

Abeler, Davids and Garofalo were excused.

Demmer was excused until 2:30 a.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Urdahl moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

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Sertich 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 Juhnke.

Zellers was excused between the hours of 2:30 p.m. and 3:55 p.m.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 13, 2010

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Kelliher:

I have vetoed and am returning Chapter No. 341, H. F. No. 2634, a bill extending current groundwater usage restrictions in the Mt. Simon-Hinckley aquifer.

The enhanced water use restrictions in this bill are a significant obstacle to business expansion within the area served by the aquifer and are unnecessary given the current regulatory scheme, which is sufficient.

Sincerely,

Tim Pawlenty

Governor

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 13, 2010

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Kelliher:

I have vetoed and am returning Chapter No. 360, H. F. No. 2614. This bill was presented to me in the absence of a global budget agreement or even good faith negotiations with my Administration.

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On May 4, I sent a letter to Senator Berglin and Representative Huntley highlighting several serious concerns regarding new spending financed by higher surcharges. The surcharges on hospitals, insurance companies, and group homes will increase health care costs at a time when we should be focused on lowering health care costs. I will not sign a bill that moves in that misguided direction.

Moreover, the minimal deficit reduction targets found in this bill may not be sufficient to help address the FY 2010-11 deficit or make any meaningful progress on the FY 2012-13 shortfall.

Fortunately, after the May 4 letter was sent, the negotiated, bipartisan agreement over General Assistance Medical Care (GAMC) took a significant step forward. The news about the four major hospitals which have signed contracts with the state proves that this program can and will work. I once again thank you for your key leadership in that negotiated compromise.

I encourage you and Senator Pogemiller to direct your health care chairs to work with Commissioner Ludeman and my staff to address these concerns and develop a bill that can be signed into law as part of an overall budget agreement.

Sincerely,

Tim Pawlenty

Governor

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 3492, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and replacement; 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. Laws 2005, chapter 20, article 1, section 7, subdivision 14, as amended by Laws 2006, chapter 258, section 43, is amended to read:

Subd. 14. State Trail Development 7,910,000

To acquire land for and to develop and rehabilitate state trails as specified in Minnesota Statutes, section 85.015.

$1,500,000 is for the Blazing Star Trail and, notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until June 30, 2014.

$435,000 is for a segment of the Blufflands Trail, from Preston to Forestville.

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$200,000 is for a segment of the Blufflands Trail, from Chester Woods County Park to the city limits of Rochester in Olmsted County, primarily for nonmotorized riding and hiking.

$400,000 is for the Douglas Trail.

$400,000 is for the Gateway Trail.

$725,000 is for the Gitchi Gami Trail.

$500,000 is for the Glacial Lakes Trail.

$200,000 is for the Goodhue Pioneer Trail.

$300,000 is for the Heartland Trail.

$300,000 is for the Mill Towns Trail.

$100,000 is for the Minnesota River Trail.

$2,400,000 is for the Paul Bunyan Trail: $320,000 is for an extension across Excelsior Road in the city of Baxter to connect with the Oberstar Tunnel and may be used to match federal money for the trail; $900,000 is to acquire right-of-way in the city of Bemidji and to rehabilitate the trail.

$450,000 is for the Shooting Star Trail.

Sec. 2. Laws 2006, chapter 258, section 7, subdivision 23, is amended to read:

Subd. 23. Trail connections 2,010,000

For matching grants under Minnesota Statutes, section 85.019, subdivision 4c.

$500,000 is for a grant to Carlton County to predesign, design, and construct a nonmotorized pedestrian trail connection to the Willard Munger State Trail from the city of Carlton through the city of Scanlon continuing to the city of Cloquet, along the St. Louis River in Carlton County.

$260,000 is to provide the state match for the cost of the Soo Line Multiuse Recreational Bridge project over marked Trunk Highway 169 in Mille Lacs County.

$175,000 is for a grant to the city of Bowlus in Morrison County to design, construct, furnish, and equip a trailhead center at the head of the Soo Line Recreational Trail.

$125,000 is for a grant to Morrison County to predesign, design, construct, furnish, and equip a park-and-ride lot and restroom building adjacent to the Soo Line Recreational Trail at U.S. Highway 10.

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$950,000 is for a grant to the St. Louis and Lake Counties Regional Railroad Authority for land acquisition, engineering, construction, furnishing, and equipping of a 19-mile "Boundary Waters Connection" of the Mesabi Trail from Bearhead State Park to the International Wolf Center in Ely. This appropriation is contingent upon a matching contribution of $950,000 from other sources, public or private. Notwithstanding Minnesota Statutes, section 16A.642, the bond authorization and appropriation of bond proceeds for this project are available until June 30, 2014.

Sec. 3. Laws 2008, chapter 179, section 4, subdivision 4, is amended to read:

Subd. 4. Independent School District No. 279, Osseo 2,000,000

For a grant to Independent School District No. 279, Osseo, to predesign, design, construct, furnish, and equip the Northwest Hennepin Family Center and parking facility in Brooklyn Center. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

No later than five years after the facility opens, the school district must report to the commissioner of education on how the facility has improved student achievement and reduced educational disparities.

Sec. 4. Laws 2008, chapter 179, section 18, subdivision 6, is amended to read:

Subd. 6. Hennepin County Medical Center 820,000

For a grant to Hennepin County to predesign ~~and~~, design, construct, furnish, and equip an outpatient clinic and health education facility at Hennepin County Medical Center that includes teaching clinics and an education center.

Sec. 5. Laws 2009, chapter 93, article 1, section 16, subdivision 5, is amended to read:

Subd. 5. Olmsted County - Steam Line Extension 5,000,000

For a grant to Olmsted County to design and construct approximately 1.25 miles of a new steam pipeline from the Olmsted Waste-to-Energy Facility to the Rochester Community and Technical College Campus, supplying steam heat and cooling from a renewable energy source. Any portion of this appropriation remaining after the construction is completed is reappropriated to the Board of Trustees of the Minnesota State Colleges and Universities to convert heating and cooling systems within existing Rochester Community and Technical College buildings from electrical energy to steam-derived energy.

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This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from Olmsted County.

Sec. 6. Laws 2010, chapter 189, section 14, subdivision 2, is amended to read:

Subd. 2. Emergency Management Training Facility - Camp Ripley 6,000,000

To the commissioner of administration to predesign, design, construct, furnish, and equip an emergency vehicle operator's course at Camp Ripley.

Nonmilitary public safety personnel from Minnesota must be given access to the facility.

Sec. 7. Laws 2010, chapter 189, section 19, subdivision 4, is amended to read:

Subd. 4. Minneapolis Veterans Home 9,450,000

To ~~remodel~~ predesign, design, construct, furnish, and equip the renovation of building 16 to accommodate a domiciliary program, demolish the north wing of building 17, predesign a new building 17, and design, construct, furnish, and equip ~~up to a 72-bed single occupancy person-centered nursing care building~~ the north wing of the new building 17, including site improvements and amenities for building and program support.

Sec. 8. Laws 2010, chapter 189, section 21, subdivision 4, is amended to read:

Subd. 4. Redevelopment Account 5,000,000

For purposes of the redevelopment account under Minnesota Statutes, sections 116J.571 to 116J.575.

$2,000,000 is for a grant to the city of Lake Elmo. $1,000,000 must be used to design and construct an expansion of the city's water pumping, storage, and distribution system to provide approximately 1,000 additional service hookups and replace a city well lost to contamination by perfluorochemicals (PFC's). $1,000,000 must be used to design and construct the extension of a 16-inch sanitary sewer force main from the Metropolitan Council interceptor on Interstate Highway 94 to 30th Street to the proposed southern edge of the Lake Elmo Village area. This appropriation is not available until the ~~council~~ commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

Notwithstanding Minnesota Statutes, section 16A.642, grant number RDGP-06-0007-0-FY07, awarded in September 2006 to the city of Tower from an appropriation to the redevelopment account in Laws 2005, chapter 20, article 1, section 23, subdivision 11, is available until June 30, 2013.

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Sec. 9. EFFECTIVE DATE.

This act is effective the day following final enactment."

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 3492 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bly introduced:

H. F. No. 3856, A bill for an act relating to health; authorizing expanded health care practices for health care professionals; proposing coding for new law as Minnesota Statutes, chapter 146B.

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

Lillie and Slawik introduced:

H. F. No. 3857, A bill for an act relating to taxation; income; providing a subtraction for wages of public safety officers killed in the line of duty; amending Minnesota Statutes 2009 Supplement, sections 290.01, subdivision 19b, as amended; 290.091, subdivision 2.

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

Zellers introduced:

H. F. No. 3858, A bill for an act relating to education; requiring a report on school bus fires.

The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

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Shimanski; Anderson, P., and Dettmer introduced:

H. F. No. 3859, A bill for an act relating to public safety; providing grants to local law enforcement agencies for training officers regarding immigration; providing for a surcharge; appropriating money.

The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

Scalze introduced:

H. F. No. 3860, A bill for an act relating to human services; expanding the use of the public assistance reporting information system; amending Minnesota Statutes 2009 Supplement, section 256.01, subdivision 18a.

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

Rukavina, Clark, Obermueller, Gunther and Reinert introduced:

H. F. No. 3861, A bill for an act relating to higher education; establishing an applied learning initiative in the Minnesota State Colleges and Universities for technical education; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136F.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

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

H. F. No. 2227, A bill for an act relating to local government; establishing Minnesota Innovation and Research Council; imposing powers and duties of council; appropriating money; amending Minnesota Statutes 2008, section 3.971, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 465; repealing Minnesota Statutes 2008, section 6.80.

The Senate has appointed as such committee:

Senators Metzen, Bonoff and Rosen.

Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

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RECONSIDERATION

Carlson moved that the vote whereby the House refused to concur in the Senate amendments to H. F. No. 3834, and requested that a conference committee of 3 members be appointed to confer on the disagreeing votes of the two houses be now reconsidered. The motion prevailed.

Carlson withdrew his motion relating to the appointment of conferees to H. F. No. 3834.

Carlson moved that the House refuse to concur in the Senate amendments to H. F. No. 3834, 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.

Madam 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. 2801, A bill for an act relating to establishing complete streets program and requiring reports; amending Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 174.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Obermueller moved that the House refuse to concur in the Senate amendments to H. F. No. 2801, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Madam Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 3134, A bill for an act relating to government operations; describing how to fold the state flag; defining certain powers of the Council on Black Minnesotans; requiring fiscal notes to include information about job creation; limiting requirements for approval by individual legislators in the disposal process for certain state-owned buildings; increasing threshold requirements for deposit of agency receipts; imposing requirements on agencies for contracts over a certain amount; requiring state chief information officer to develop standards for enhanced public access to state electronic records; clarifying use of fees in the combined charities campaign; transferring membership in the Workers' Compensation Reinsurance Association from the commissioner of management and budget to the commissioner of administration; eliminating and modifying fees for certain filings with the secretary of state; authorizing grants to counties for voting equipment and vote-counting equipment; establishing the Commission on Service Innovation; allowing contiguous counties to establish a home rule charter commission; requiring reports; appropriating money; amending Minnesota Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5; 3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2; 16E.05, by

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adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes, chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Betzold, Robling, Rest, Olseen and Kubly.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Kahn moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3134. The motion prevailed.

Mahoney was excused between the hours of 3:00 p.m. and 7:00 p.m.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 910

A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05.

May 14, 2010

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

We, the undersigned conferees for H. F. No. 910 report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment and that H. F. No. 910 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2009 Supplement, section 357.021, subdivision 2, is amended to read:

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Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.

The party requesting a trial by jury shall pay $100.

The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8 for an uncertified copy.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $100.

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, ~~$100, of which, notwithstanding subdivision 1a, paragraph (b), $80 must be forwarded to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund~~ $20.

(13) Filing a motion or response to a motion for modification of child support, a fee of $100.

(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.

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The fees in clauses (3) and (5) need not be paid by a public authority or the party the public authority represents.

Sec. 2. Minnesota Statutes 2008, section 358.028, is amended to read:

358.028 LEGISLATORS, OFFICIAL SEALS.

Every member of the legislature, while in office and residing in the district from which elected, may have an official ~~seal~~ notarial stamp, in the form provided in section 358.03, with which to authenticate official acts provided for in section 358.15.

Sec. 3. Minnesota Statutes 2008, section 358.09, is amended to read:

358.09 BY WHOM AND HOW ADMINISTERED.

Any officer authorized by this chapter to take and certify acknowledgments may administer an oath, and, if the same be in writing, may certify the same under the officer's signature, and ~~the seal of office, if there be one~~ an official notarial stamp, in the following form: "Subscribed and sworn to before me this ............ day of ................., ....." The mode of administering an oath commonly practiced in the place where it is taken shall be followed, including, in this state, the ceremony of uplifting the hand.

Sec. 4. Minnesota Statutes 2008, section 358.15, is amended to read:

358.15 EX OFFICIO NOTARY PUBLIC.

(a) The following officers have the powers of a notary public within the state:

(1) every member of the legislature, while still a resident in the district from which elected; but no fee or compensation may be received for exercising these powers. The form of the official signature in these cases is: "A.B., Representative (or Senator), ....................................... District, Minnesota, ex officio notary public. My term expires January 1, .......";

(2) the clerks or recorders of towns, and cities. The form of the official signature in these cases is: "A.B. (official title), ....... County, Minnesota, ex officio notary public. My term expires ....... (or where applicable) my term is indeterminate.";

(3) court commissioners, county recorders, and county auditors, and their several deputies, and county commissioners, all within their respective counties. The form of the official signature in these cases: "A.B. (official title), ....... County, Minnesota, ex officio notary public. My term expires ....... (or where applicable) my term is indeterminate."; and

(4) peace officers licensed under section 626.845 for the purpose of administering oaths upon information submitted to establish probable cause to any judge or judicial officer under the Rules of Criminal Procedure. The form of the official signature in these cases is "A.B., Peace Officer License Number ......., ....... County, Minnesota. My license expires June 30, .......".

(b) An officer using the powers of a notary public within the state pursuant to clauses (1) to (3) shall obtain an official stamp as specified under section 359.03, subdivisions 1, 3, and 4, with which to authenticate official acts.

(c) The county auditor and county recorder, and their deputies, and the clerk or recorder of a town or city with ex officio powers under this section may authenticate official acts related to the statutory duties of their respective offices without using the official stamp for 90 days after initially assuming the office, or until the officer acquires an official stamp, whichever is earlier.

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EFFECTIVE DATE; APPLICABILITY. This section is effective August 1, 2010, except that an officer with ex officio powers subject to paragraph (c) may authenticate official acts related to the officer's statutory duties without using the official stamp for up to 90 days after the effective date of this section, or until the officer acquires an official stamp, whichever is earlier.

Sec. 5. Minnesota Statutes 2008, section 358.47, is amended to read:

358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer in a manner that attributes such signature to the notary public ~~identified on the commission~~. The notary's name as it appears on the official notarial stamp and on any jurat or certificate of acknowledgment and in the notary's commission must be identical. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and ~~may~~ must include the official notarial stamp ~~or seal of office~~, ~~or the notary's electronic seal~~ pursuant to section 359.03. ~~If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected.~~ If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it is in English and meets the requirements of subsection (a) and it:

(1) is in the short form set forth in section 358.48;

(2) is in a form otherwise prescribed by the law of this state;

(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by section 358.42.

Sec. 6. Minnesota Statutes 2008, section 358.48, is amended to read:

358.48 SHORT FORMS.

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.47, subsection (a):

(1) For an acknowledgment in an individual capacity;

State of ……………………………….…

County of ……………………………….

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)).

………………………………..………………….

(Signature of notarial officer)

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(~~Seal, if any~~ Stamp)

……………………………………………….…..

Title (and Rank)

My commission expires: ………………………..

(2) For an acknowledgment in a representative capacity:

State of …………………………………

County of ………………………………

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of ............................. .................(name of party on behalf of whom the instrument was executed).

…………………………………………………...

(Signature of notarial officer)

(~~Seal, if any~~ Stamp)

…………………………………………………...

Title (and Rank)

My commission expires: ………………………..

(3) For a verification upon oath or affirmation:

State of ………………………………….

County of ………………………………..

Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of person(s) making statement).

…………………………………………………

(Signature of notarial officer)

(~~Seal, if any~~ Stamp)

…………………………………………………...

Title (and Rank)

My commission expires: ………………………..

(4) For witnessing or attesting a signature:

State of ………………………………….

County of ……………………………….

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).

…………………………………………………...

(Signature of notarial officer)

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(~~Seal, if any~~ Stamp)

…………………………………………………...

Title (and Rank)

My commission expires: ………………………..

(5) For attestation of a copy of a document:

State of ……………………………….…

County of ……………………………….

I certify that this is a true and correct copy of a document in the possession of .................... .

Dated: …………………………

…………………………………………………...

(Signature of notarial officer)

(~~Seal, if any~~ Stamp)

…………………………………………………...

Title (and Rank)

My commission expires: ………………………..

Sec. 7. Minnesota Statutes 2008, section 359.01, subdivision 2, is amended to read:

Subd. 2. Nonresident notaries. (a) The governor, by and with the advice and consent of the senate, may appoint as notary public a person who is not a resident of this state if:

(1) the person is a resident of Wisconsin, Iowa, North Dakota, or South Dakota~~, and of a county that shares a boundary with this state~~;

(2) the person designates the secretary of state as agent for the service of process for all purposes relating to notarial acts and for receipt of all correspondence relating to notarial acts.; and

(3) the person designates the Minnesota county in which the person's notary commission will be recorded pursuant to section 359.061.

(b) The secretary of state shall receive applications for nonresident notary appointments and commissions, shall keep a register of those persons appointed and commissioned as notaries public by the governor with the advice and consent of the senate, shall update that register when informed of a change in name and address by a notary public, shall process applications by a notary public for reappointment, shall receive fees for the performance of these functions to be deposited into the general fund, and shall perform those clerical and administrative duties associated with these functions. The governor may also receive such applications directly.

Sec. 8. Minnesota Statutes 2009 Supplement, section 359.01, subdivision 3, is amended to read:

Subd. 3. Fees. (a) When making application for a commission the applicant must submit, along with the information required by the secretary of state, a nonrefundable fee of ~~$40~~ $120, which shall be forwarded by the secretary of state to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund.

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(b) Except as otherwise provided in paragraph (a), all fees shall be retained by the secretary of state and are nonreturnable, except for an overpayment of a fee.

Sec. 9. Minnesota Statutes 2008, section 359.02, is amended to read:

359.02 TERM.

A notary commissioned under section 359.01 holds office ~~for five years~~ until January 31 of the fifth year following the year the commission was issued, unless sooner removed by the governor or the district court, or by action of the commissioner of commerce. ~~Within 60 days~~ Six months before the expiration of the commission, a notary may ~~apply for reappointment~~ renew the notary's commission for a new term to commence and to be designated in the new commission as beginning upon the day immediately following the date of the expiration. A Notary whose commission expires ~~on January 1, 2005,~~ may apply for reappointment ~~six months before~~ after the expiration date. The reappointment or renewal takes effect and is valid although the appointing governor may not be in the Office of Governor on the effective day.

~~All notary commissions expire on January 31 of the fifth year following the year of issue.~~

EFFECTIVE DATE. The provisions of this section relating to the time during which a notary's commission may be renewed are effective July 31, 2011. The remainder of this section is effective August 1, 2010.

Sec. 10. Minnesota Statutes 2008, section 359.03, subdivision 1, is amended to read:

Subdivision 1. Requirement. Every notary, including an ex officio notary under section 358.15, shall ~~get~~ obtain an official ~~seal~~ notarial stamp as specified in subdivision 3, with which to authenticate official acts~~, and upon which shall be engraved the arms of this state, the words "notarial seal~~." The ~~seal, with~~ official notarial stamp, and the notary's official ~~register, is~~ journal, are the personal property of the notary and are exempt from execution~~, and, on death or removal from office, the register must be deposited with the court administrator of the district court of the notary's county~~.

Sec. 11. Minnesota Statutes 2008, section 359.03, subdivision 2, is amended to read:

Subd. 2. Validation and legalization of certain instruments. (a) All instruments heretofore duly made and executed which have been acknowledged before a notary public as provided by law, but the seal or stamp used thereon has engraved on it "notary public," are hereby validated and legalized, and in case such instruments are recorded, the recording is hereby validated and legalized, and all such instruments are validated to the same extent as though properly sealed at the time of their acknowledgment. This subdivision shall not affect any action now pending in any of the courts of this state.

(b) The official notarial stamp required by this section, whether applied to the record physically or electronically, is deemed to be a "seal" for purposes of the admission of a document in court.

Sec. 12. Minnesota Statutes 2008, section 359.03, subdivision 3, is amended to read:

Subd. 3. Specifications. ~~The seal of every notary public may~~ ~~be affixed by a stamp that will print a seal which legibly reproduces under photographic methods~~ The official notarial stamp consists of the seal of the state of Minnesota, the name of the notary as it appears on the commission or the name of the ex officio notary, the words "Notary Public," or "Notarial Officer" in the case of an ex officio notary, and the words "My commission expires ............... (or where applicable) My term is indeterminate," with the expiration date shown ~~thereon or may be an electronic form~~ on it and must be able to be reproduced in any legibly reproducible manner. ~~A physical seal used to authenticate a paper document~~ The official notarial stamp shall be a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches horizontally, with a serrated or milled edge border, and shall contain the information required by this subdivision.

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Sec. 13. Minnesota Statutes 2008, section 359.03, subdivision 4, is amended to read:

Subd. 4. ~~Electronic seal~~ Notarial stamp may be affixed electronically. A notary's electronic seal shall contain the notary's name, jurisdiction, and commission expiration date, and shall be logically and securely affixed to or associated with the electronic record being notarized. The information required by this section may be affixed electronically and shall be logically and securely affixed or associated with the electronic record being notarized.

Sec. 14. Minnesota Statutes 2008, section 359.061, is amended to read:

359.061 RECORD OF COMMISSION~~; CERTIFICATE~~.

Subdivision 1. Resident notaries. The commission of every notary commissioned under section 359.01, together with: (1) a signature that matches the first, middle, and last name as listed on the notary's commission and shown on the notarial stamp, and (2) a sample signature in the style in which the notary will actually execute notarial acts, shall be recorded in the office of the court administrator of the district court of the notary's county of residence or in the county department to which duties relating to notaries public have been assigned under section 485.27, in a record kept for that purpose.

Subd. 2. Nonresident notaries. The commission of a nonresident notary must be recorded in the Minnesota county the notary designates pursuant to section 359.01, subdivision 2, clause (3), in the office of the court administrator of the district court ~~of the Minnesota county that borders the county in which the nonresident notary resides~~ of that county or in the county department to which duties relating to notaries public have been assigned under section 485.27.

Subd. 3. Certificate of court administrator. The court administrator, when requested, shall certify to official acts in the manner and for the fees prescribed by statute or court rule.

Subd. 4. County notary certificate. The county department, to which duties relating to notaries public have been assigned under section 485.27, shall certify to official acts under this section for the fee of $5 and in the form of:

State of Minnesota

.......................... County

"I the undersigned .........................................., in and for said county and state, do hereby certify that ..................................., whose name is subscribed to on the attached document held the office of notary public in said county and state at the date of said subscription and was authorized under the laws of this state to take acknowledgments, to administer oaths, take depositions, acknowledgments of deeds, and other written instruments, and exercise all such powers and duties authorized by the laws of Minnesota as notary public. I further certify that I have compared the subscribed signature to the signature on file in this office and believe them to be the same.

Signed this date ................................. in the county of ......................................, state of Minnesota."

Signature ................................................

Title ........................................................

Sec. 15. [359.091] ACCOMMODATION OF PHYSICAL LIMITATIONS.

(a) A notary public may certify as to the subscription or signature of an individual when it appears that the individual has a physical limitation that restricts the individual's ability to sign by writing or making a mark, pursuant to the following:

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(1) the name of an individual may be signed, or attached electronically in the case of an electronic record, by another individual other than the notary public at the direction and in the presence of the individual whose name is to be signed and in the presence of the notary public. The signature may be made by a rubber stamp facsimile of the person's actual signature, mark, or a signature of the person's name or mark made by another and adopted for all purposes of signature by the person with a physical limitation; and

(2) the words "Signature written by" or "Signature attached by" in the case of an electronic record, "(name of individual directed to sign or directed to attach) at the direction and in the presence of (name as signed) on whose behalf the signature was written" or "attached electronically" in the case of an electronic record, or words of substantially similar effect must appear under or near the signature.

(b) A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of such notary public when it appears that the individual is unable to communicate verbally or in writing.

Sec. 16. Minnesota Statutes 2008, section 359.12, is amended to read:

359.12 ADMINISTRATIVE ACTIONS AND PENALTIES.

Every notary who shall charge or receive a fee or reward for any act or service done or rendered as a notary greater than the amount allowed by law, or who dishonestly or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties imposed pursuant to section 45.027~~, except that~~. A notary may be removed from office only by the governor or, the district court, or the commissioner of commerce. The commissioner of commerce has all the powers provided by section 45.027 and shall proceed in the manner provided by that section in actions against notaries.

Notwithstanding section 359.03, subdivision 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary's official notarial stamp to the commissioner of commerce.

Sec. 17. Minnesota Statutes 2009 Supplement, section 517.08, subdivision 1b, is amended to read:

Subd. 1b. Term of license; fee; premarital education. (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated marriage. If one party is unable to appear in person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of the marriage application to the party who is unable to appear, who must verify the accuracy of the party's information in a notarized statement. The marriage license must not be released until the verification statement has been received by the local registrar. If at the expiration of a five-day period, on being satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance. The license shall be valid for a period of six months. Except as provided in paragraph (c), the local registrar shall collect from the applicant a fee of $110 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital statistics the reports of marriage required by this section. If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee. A local registrar who knowingly issues or signs a marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.

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(b) In case of emergency or extraordinary circumstances, a judge of the district court of the county in which the application is made may authorize the license to be issued at any time before expiration of the five-day period required under paragraph (a). A waiver of the five-day waiting period must be in the following form:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:

................................................................................. (legal names of the applicants)

Represent and state as follows:

That on ......................... (date of application) the applicants applied to the local registrar of the above-named county for a license to marry.

That it is necessary that the license be issued before the expiration of five days from the date of the application by reason of the following: (insert reason for requesting waiver of waiting period)

.............................................................................................................

WHEREAS, the applicants request that the judge waive the required five-day waiting period and the local registrar be authorized and directed to issue the marriage license immediately.

Date: .............................

.......................................................................................

(Signatures of applicants)

Acknowledged before me on this ....... day of .................... .

..........................................

NOTARY PUBLIC

COURT ORDER AND AUTHORIZATION:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

After reviewing the above application, I am satisfied that an emergency or extraordinary circumstance exists that justifies the issuance of the marriage license before the expiration of five days from the date of the application. IT IS HEREBY ORDERED that the local registrar is authorized and directed to issue the license forthwith.

.....................................................

................................ (judge of district court)

................................ (date).

(c) The marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the marriage license a statement that is signed, dated, and notarized ~~statement~~ or marked with a church seal, from the person who provided

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the premarital education on their letterhead confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.

(d) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:

"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

(e) If section 259.13 applies to the request for a marriage license, the local registrar shall grant the marriage license without the requested name change. Alternatively, the local registrar may delay the granting of the marriage license until the party with the conviction:

(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or

(2) provides a certified copy of the court order granting it. The parties seeking the marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.

Sec. 18. REPEALER.

Minnesota Statutes 2008, section 359.05, is repealed."

Delete the title and insert:

"A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; modifying a provision relating to premarital education; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; 517.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05."

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

House Conferees: Melissa Hortman, Gail Kulick Jackson and Mark Murdock.

Senate Conferees: Don Betzold, Steve Dille and Gary Kubly.

Hortman moved that the report of the Conference Committee on H. F. No. 910 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

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H. F. No. 910, A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05.

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 108 yeas and 20 nays as follows:

Those who voted in the affirmative were: