STATE OF MINNESOTA
EIGHTY-SEVENTH SESSION - 2011
_____________________
THIRD DAY
Saint Paul, Minnesota, Thursday, January 13,
2011
The House of Representatives convened at
3:00 p.m. and was called to order by Tony Sertich, Speaker pro tempore.
Prayer was offered by the Reverend Grady
St. Dennis, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
A quorum was present.
Anderson, S.; McNamara and Zellers were
excused.
Speaker pro tempore Sertich called Davids
to the Chair.
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
STANDING COMMITTEES AND DIVISIONS
McNamara
from the Committee on Environment, Energy and Natural Resources Policy and
Finance to which was referred:
H. F. No. 9,
A bill for an act relating to energy; abolishing prohibition on issuing
certificate of need for new nuclear power plant; amending Minnesota Statutes
2010, section 216B.243, subdivision 3b.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Commerce and Regulatory Reform.
The report was adopted.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Downey; Benson, M.; Bills; Kieffer; Beard;
Anderson, S.; Drazkowski; Kiffmeyer and Erickson introduced:
H. F. No. 67, A bill for an act relating
to the state budget; limiting general fund expenditures in the 2012-2013
biennium to forecasted revenues; specifying the use of any forecasted increases
in revenues above the level of revenues forecasted for the 2010-2011 biennium.
The bill was read for the first time and
referred to the Committee on Taxes.
Garofalo introduced:
H. F. No. 68, A bill for an act relating
to crimes; providing that careless driving resulting in death is a gross
misdemeanor; amending Minnesota Statutes 2010, section 169.13, by adding a
subdivision.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Drazkowski introduced:
H. F. No. 69, A bill for an act relating
to joint physical custody; establishing a rebuttable presumption; amending
Minnesota Statutes 2010, section 518.003, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2010,
section 518.17, subdivision 2.
The bill was read for the first time and
referred to the Committee on Civil Law.
Kiffmeyer introduced:
H. F. No. 70, A bill for an act relating
to education finance; authorizing fund transfer for Independent School District
No. 726, Becker.
The bill was read for the first time and
referred to the Committee on Education Finance.
Simon; Garofalo; Greiling; Benson, J., and
Winkler introduced:
H. F. No. 71, A bill for an act relating
to education finance; authorizing a school district to use its operating
capital for certain costs associated with closing a school; amending Minnesota
Statutes 2010, section 126C.10, subdivision 14.
The bill was read for the first time and
referred to the Committee on Education Finance.
Beard; Dill; Gruenhagen; Rukavina;
O'Driscoll; Vogel; McDonald; LeMieur; Drazkowski; Scott; Wardlow; Franson;
Murdock; Swedzinski; Torkelson; Anderson, P.; Schomacker; McNamara; Lohmer;
Pelowski and Hackbarth introduced:
H. F. No. 72, A bill for an act relating
to energy; removing ban on increased carbon dioxide emissions by utilities;
amending Minnesota Statutes 2010, section 216H.02, subdivision 4; repealing
Minnesota Statutes 2010, section 216H.03.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Anzelc and Rukavina introduced:
H. F. No. 73, A bill for an act relating
to finance; providing a grant for a proposed plasma-biomass plant in Lake of
the Woods County; appropriating money.
The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development Policy and
Finance.
Hansen and Atkins introduced:
H. F. No. 74, A bill for an act relating
to capital investment; authorizing the sale and issuance of state bonds;
appropriating money for grants to metropolitan area cities to address inflow
and infiltration in the sewer system.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Hackbarth and Erickson introduced:
H. F. No. 75, A bill for an act relating
to energy; modifying provisions relating to public utilities, energy
conservation, and renewable energy; amending Minnesota Statutes 2010, sections
3.8851, subdivision 3; 16B.322, subdivisions 5, 7; 16B.325, subdivision 4;
116J.437, subdivision 1; 216B.16, subdivision 6b; 216B.1612,
subdivision
2; 216B.1636, subdivision 1; 216B.1645, subdivision 1; 216B.1691; 216B.241;
216B.243, subdivision 9; 216C.43, subdivision 11; 297A.68, by adding a
subdivision; 373.48, subdivision 3; repealing Minnesota Statutes 2010, sections
216B.1612, subdivisions 1, 3, 4, 5, 6, 7, 8, 9; 216B.1681; 216B.1691,
subdivision 7; 216B.2401; 216C.03; 216C.05, subdivision 2.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Banaian, Beard, Kiffmeyer and Erickson
introduced:
H. F. No. 76, A bill for an act relating
to government reform; requiring a system of zero-based budgeting; providing for
sunset and review of state agencies; amending Minnesota Statutes 2010, sections
16A.103; 16A.11, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 16A; proposing coding for new law as Minnesota Statutes,
chapter 3D; repealing Minnesota Statutes 2010, section 16A.103, subdivisions
1b, 4.
The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
Lanning, Abeler and Hayden introduced:
H. F. No. 77, A bill for an act relating
to human services; establishing grant programs to promote healthy communities
and the development of circles of support initiatives; appropriating money.
The bill was read for the first time and
referred to the Committee on Health and Human Services Finance.
Peterson, S., introduced:
H. F. No. 78, A bill for an act relating
to insurance; requiring surcharge disclosure for homeowner's insurance;
proposing coding for new law in Minnesota Statutes, chapter 65A.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Davids introduced:
H. F. No. 79, A bill for an act relating
to taxes; individual income; conforming to the federal extension of the
exclusion of dependent health care coverage to adult children through age 26
for tax year 2010; amending Minnesota Statutes 2010, section 290.01,
subdivision 19.
The bill was read for the first time and
referred to the Committee on Taxes.
Nornes introduced:
H. F. No. 80, A bill for an act relating
to transportation; authorizing annual special permits for transporting
waterfront structures on trunk highways; amending Minnesota Statutes 2010,
section 169.86, subdivision 5.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Rukavina and Anzelc introduced:
H. F. No. 81, A bill for an act relating
to retirement; general employees retirement plan of Public Employees Retirement
Association; authorizing purchase of service and salary credit for certain
former employees of Babbitt and Buhl for eligible unreported employment.
The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
Dettmer, Kriesel, O'Driscoll, Lesch,
Lohmer, LeMieur and Anderson, B., introduced:
H. F. No. 82, A bill for an act relating
to taxation; individual income; providing a phased-in subtraction for military
retirement pay; amending Minnesota Statutes 2010, sections 290.01, subdivision
19b; 290.091, subdivision 2.
The bill was read for the first time and
referred to the Veterans Services Division.
Paymar introduced:
H. F. No. 83, A bill for an act relating
to agriculture; repealing the ethanol producer payment program; repealing
Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, 10.
The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development Policy and
Finance.
Morrow introduced:
H. F. No. 84, A bill for an act relating
to motor vehicles; authorizing special highway 14 plates; appropriating funds;
proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Morrow introduced:
H. F. No. 85, A bill for an act relating
to crimes; providing penalty for careless driving resulting in death; providing
for revocation of violator's driver's license; amending Minnesota Statutes
2010, sections 169.13, by adding a subdivision; 171.17, subdivision 1; 171.30,
subdivision 2a.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Mariani introduced:
H. F. No. 86, A bill for an act relating
to education; increasing the compulsory attendance age; amending Minnesota
Statutes 2010, sections 120A.22, subdivision 5; 120A.24, subdivision 1;
124D.03, subdivision 12; 260C.007, subdivision 19; 260C.143, subdivision 4;
repealing Minnesota Statutes 2010, section 120A.22, subdivision 8.
The bill was read for the first time and
referred to the Committee on Education Reform.
Mariani and Slocum introduced:
H. F. No. 87, A bill for an act relating
to education; establishing a preservice performance assessment for teacher
candidates; establishing an alternative teacher preparation program and
limited-term teaching license; amending Minnesota Statutes 2010, section
122A.09, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 122A.
The bill was read for the first time and
referred to the Committee on Education Reform.
Doepke; Anderson, S.; Erickson; Runbeck
and Gruenhagen introduced:
H. F. No. 88, A bill for an act relating
to education; removing set-aside for student health personnel; amending
Minnesota Statutes 2010, section 126C.44.
The bill was read for the first time and
referred to the Committee on Education Finance.
Benson, M.; Myhra; Dettmer; Quam;
Petersen, B.; Lohmer; Murdock; Kelly; Anderson, P.; Kiel; LeMieur; Wardlow;
Barrett; Gruenhagen; Vogel and Anderson, S., introduced:
H. F. No. 89, A bill for an act relating
to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of voter identification cards at
no charge; establishing a procedure for provisional balloting; amending
Minnesota Statutes 2010, section 204C.10; proposing coding for new law in
Minnesota Statutes, chapters 201; 204C.
The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
Hausman, Carlson, Clark and Hayden
introduced:
H. F. No. 90, A bill for an act relating
to capital investment; authorizing spending to acquire and better public land
and buildings and other improvements of a capital nature with certain
conditions; establishing a fiber optic infrastructure grant program for
schools; reducing prior bond authorizations; authorizing the sale of state
bonds; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 126C.
The bill was read for the first time and
referred to the Committee on Capital Investment.
Howes; Daudt; Ward; Kiffmeyer; Gunther;
Gottwalt; Shimanski; Drazkowski; Dettmer; Anderson, B.; Hancock; Woodard;
Fabian; Abeler; Benson, M., and Vogel introduced:
H. F. No. 91, A bill for an act relating
to motor vehicles; authorizing special "Choose Life" license plates;
establishing adoption support account and appropriating funds; proposing coding
for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Downey; Benson, M.; Banaian; Bills; Beard;
Kiel; Shimanski; Petersen, B.; Kieffer; Kelly; Anderson, S.; Myhra; Crawford;
Leidiger; Fabian; Kiffmeyer and Barrett introduced:
H. F. No. 92, A bill for an act relating
to education; repealing the teacher contract deadline aid penalty; repealing
Minnesota Statutes 2010, section 123B.05.
The bill was read for the first time and
referred to the Committee on Education Reform.
MOTIONS AND RESOLUTIONS
Fabian moved that the names of Erickson,
McNamara, Murray, Lohmer, Quam, Wardlow, McDonald, Urdahl, Lanning, Hancock,
Sanders, Dettmer, Crawford, Leidiger, Myhra, Garofalo, Kieffer, Murdock,
Barrett, Torkelson and Downey be added as authors on H. F. No. 1. The motion prevailed.
Banaian moved that the names of Crawford,
Murray, Lohmer, Erickson, Fabian, McDonald, Myhra, Sanders, Dittrich, Kieffer,
Holberg, Hancock, Murdock, Barrett, Torkelson and Downey be added as authors on
H. F. No. 2. The motion
prevailed.
Mariani moved that the names of McDonald,
Dittrich, Kieffer, Champion, Murdock, Dettmer, Slocum and Moran be added as
authors on H. F. No. 3.
The motion prevailed.
Downey moved that the names of Myhra,
Leidiger, McDonald, Hancock, Murdock and Dettmer be added as authors on
H. F. No. 4. The motion
prevailed.
McNamara moved that the names of Myhra,
Holberg, Murdock, Dettmer and Torkelson be added as authors on
H. F. No. 5. The motion
prevailed.
Cornish moved that the names of Kieffer;
Hancock; Gruenhagen; Dettmer; Anderson, S.; Torkelson and Slocum be added as
authors on H. F. No. 6.
The motion prevailed.
Drazkowski moved that the names of
McDonald; Scott; Anderson, B.; Gruenhagen; Hancock; Murdock and Downey be added
as authors on H. F. No. 7.
The motion prevailed.
Gottwalt moved that the names of
Kiffmeyer; Mack; Murdock; Drazkowski; Urdahl; Anderson, P.; McFarlane; Nornes;
Dettmer; Gruenhagen; Bills; Scott; Torkelson; Banaian; Downey; Vogel and Fabian
be added as authors on H. F. No. 8. The motion prevailed.
Peppin moved that the names of Leidiger,
Kelly, McDonald, Lohmer, Garofalo, Kieffer, Nornes, Mack, Holberg and Hancock
be added as authors on H. F. No. 9. The motion prevailed.
Loon moved that the names of Kieffer,
Mack, Stensrud, Scott, Holberg, Murdock and Dettmer be added as authors on
H. F. No. 10. The motion
prevailed.
Bills moved that the names of Kieffer,
Kath and Urdahl be added as authors on H. F. No. 11. The motion prevailed.
LeMieur moved that the names of Garofalo,
Hancock, Murdock, Dettmer and Barrett be added as authors on
H. F. No. 12. The motion
prevailed.
Kriesel moved that the names of Garofalo
and Dettmer be added as authors on H. F. No. 13. The motion prevailed.
Howes moved that the names of Scalze,
Champion, Slocum and Brynaert be added as authors on
H. F. No. 14. The motion
prevailed.
Koenen moved that the name of Kath be
added as an author on H. F. No. 15. The motion prevailed.
Hackbarth moved that the names of Hancock
and Kath be added as authors on H. F. No. 16. The motion prevailed.
Koenen moved that the name of Kath be
added as an author on H. F. No. 18. The motion prevailed.
Davids moved that the name of Kieffer be
added as an author on H. F. No. 21. The motion prevailed.
Davids moved that the name of Dettmer be
added as an author on H. F. No. 25. The motion prevailed.
Gottwalt moved that the names of Garofalo,
Kieffer, Hancock, Simon, Dettmer and Downey be added as authors on
H. F. No. 29. The motion
prevailed.
Dill moved that the name of Quam be added
as an author on H. F. No. 31.
The motion prevailed.
Dill moved that the name of Slocum be
added as an author on H. F. No. 33. The motion prevailed.
Norton moved that the names of Champion
and Slocum be added as authors on H. F. No. 37. The motion prevailed.
Norton moved that the names of Kath,
Downey and Slocum be added as authors on H. F. No. 40. The motion prevailed.
Davids moved that the names of Urdahl,
LeMieur and Dettmer be added as authors on H. F. No. 42. The motion prevailed.
Fritz moved that the names of Ward and
Slocum be added as authors on H. F. No. 43. The motion prevailed.
Mariani moved that the names of Champion,
Slocum and Moran be added as authors on H. F. No. 44. The motion prevailed.
Mariani moved that the name of Brynaert be
added as an author on H. F. No. 45. The motion prevailed.
Mariani moved that the names of Simon,
Champion and Moran be added as authors on H. F. No. 46. The motion prevailed.
Mariani moved that the names of Dittrich, Slocum
and Moran be added as authors on H. F. No. 47. The motion prevailed.
Mariani moved that the names of Slocum and
Moran be added as authors on H. F. No. 48. The motion prevailed.
Hayden moved that the names of Gauthier,
Falk, Hilty, Champion, Hornstein and Slocum be added as authors on
H. F. No. 51. The motion
prevailed.
Peppin moved that the names of Falk,
Simon, Kath and Dettmer be added as authors on
H. F. No. 52. The motion
prevailed.
Buesgens moved that the names of Crawford,
McDonald, Holberg and Downey be added as authors on
H. F. No. 53. The motion
prevailed.
Davids moved that the names of Quam and
Dettmer be added as authors on H. F. No. 54. The motion prevailed.
Kriesel moved that the names of Crawford,
McNamara, Holberg and Dettmer be added as authors on
H. F. No. 57. The motion
prevailed.
Erickson moved that the names of Nornes,
Holberg and Anderson, S., be added as authors on
H. F. No. 59. The motion
prevailed.
Ward moved that the names of Morrow and
Brynaert be added as authors on H. F. No. 61. The motion prevailed.
Garofalo moved that the names of Kieffer,
Quam, Dettmer and Downey be added as authors on
H. F. No. 63. The motion
prevailed.
Drazkowski moved that the names of Scott,
Dettmer and Downey be added as authors on H. F. No. 64. The motion prevailed.
Barrett moved that his name be stricken as
an author on H. F. No. 65.
The motion prevailed.
Drazkowski moved that the names of Scott
and Dettmer be added as authors on H. F. No. 65. The motion prevailed.
Drazkowski moved that the names of Holberg
and Scott be added as authors on H. F. No. 66. The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the following appointments and changes in
committee assignments:
Judiciary Policy and Finance:
Delete the name of Slocum and add the name of Hilstrom.
ADJOURNMENT
Dean moved that when the House adjourns today it adjourn until
3:00 p.m., Tuesday, January 18, 2011.
The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Davids declared the House stands adjourned until 3:00 p.m., Tuesday, January
18, 2011.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives