Journal of the House - 67th Day - Monday, January 30, 2012

A quorum was present.

Anderson, B.; Cornish; Dittrich; Fabian; Franson; Mahoney and Smith were excused.

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.

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

Westrom from the Committee on Civil Law to which was referred:

H. F. No. 56, A bill for an act relating to veterans; providing a waiver of immunity for veterans to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act; amending Minnesota Statutes 2010, section 1.05, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 16, delete "2011" and insert "2012"

With the recommendation that when so amended the bill pass.

The report was adopted.

Erickson from the Committee on Education Reform to which was referred:

H. F. No. 300, A bill for an act relating to education; recommending comprehensive eye exams; amending Minnesota Statutes 2010, section 121A.17, subdivisions 1, 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:

Subd. 3. Screening program. (a) A screening program must include at least the following components: developmental assessments, hearing and vision screening or referral, immunization review and referral, the child's height and weight, identification of risk factors that may influence learning, an interview with the parent about the child, and referral for assessment, diagnosis, and treatment when potential needs are identified. The district and the person performing or supervising the screening must provide a parent or guardian with clear written notice that the parent or guardian may decline to answer questions or provide information about family circumstances that might affect development and identification of risk factors that may influence learning. The notice must state "Early childhood developmental screening helps a school district identify children who may benefit from district and community resources available to help in their development. Early childhood developmental screening includes a vision screening that helps detect potential eye problems but is not a substitute for a comprehensive eye exam." The notice must clearly state that declining to answer questions or provide information does not prevent the child from being enrolled in kindergarten or first grade if all other screening components are met. If a parent or guardian is not able to read and comprehend the written notice, the district and the person performing or supervising the screening must convey the information in another manner. The notice must also inform the parent or guardian that a child need not submit to the district screening program if the child's health records indicate to the school that the child has received comparable developmental screening performed within the preceding 365 days by a public or private health care organization or individual health care provider. The notice must be given to a parent or guardian at the time the district initially provides information to the parent or guardian about screening and must be given again at the screening location.

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(b) All screening components shall be consistent with the standards of the state commissioner of health for early developmental screening programs. A developmental screening program must not provide laboratory tests or a physical examination to any child. The district must request from the public or private health care organization or the individual health care provider the results of any laboratory test or physical examination within the 12 months preceding a child's scheduled screening.

(c) If a child is without health coverage, the school district must refer the child to an appropriate health care provider.

(d) A board may offer additional components such as nutritional, physical and dental assessments, review of family circumstances that might affect development, blood pressure, laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian is submitted to the administrator or other person having general control and supervision of the school that the child has not been screened because of conscientiously held beliefs of the parent or guardian, the screening is not required.

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

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Lanning from the Committee on State Government Finance to which was referred:

H. F. No. 545, A bill for an act relating to state government; requiring state budget documents to include federal funding contingency planning; amending Minnesota Statutes 2010, section 16A.10, by adding a subdivision.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Peppin from the Committee on Government Operations and Elections to which was referred:

H. F. No. 673, A bill for an act relating to state government; requiring public value impact statements for certain legislation; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.

The report was adopted.

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Westrom from the Committee on Civil Law to which was referred:

H. F. No. 1515, A bill for an act relating to real property; landlord and tenant; modifying certain late fee provisions; clarifying certain provisions related to eviction from property subject to foreclosure; amending Minnesota Statutes 2010, sections 504B.177; 504B.285, subdivisions 1a, 1b, 1c.

Reported the same back with the following amendments:

Page 1, delete section 2 and insert:

"Sec. 2. Minnesota Statutes 2011 Supplement, section 504B.285, subdivision 1a, is amended to read:

Subd. 1a. Grounds when the person holding over is a tenant in a foreclosed residential property. (a) For any eviction action commenced on or before December 31, ~~2012~~ 2014, with respect to residential real property or a dwelling where the person holding the residential real property or dwelling after the expiration of the time for redemption on foreclosure of a mortgage was a tenant during the redemption period under a lease of any duration, and the lease began after the date the mortgage was executed, but prior to the expiration of the time for redemption, the immediate successor in interest must provide at least 90 days' written notice to vacate, given no sooner than the date of the expiration of the time for redemption, and effective no sooner than 90 days after the date of the expiration of the time for redemption, provided that the tenant pays the rent and abides by all terms of the lease.

(b) For any eviction action commenced on or before December 31, ~~2012~~ 2014, with respect to residential real property or a dwelling where the term of a bona fide lease extends more than 90 days beyond the date of the expiration of the time for redemption, the immediate successor in interest must allow the tenant to occupy the premises until the end of the remaining term of the lease, and provide at least 90 days' written notice to vacate, effective no sooner than the date the lease expires, provided that the tenant pays the rent and abides by all terms of the lease, except if the immediate successor in interest or an immediate subsequent bona fide purchaser will occupy the unit as the primary residence, the immediate successor in interest must provide at least 90 days' written notice to vacate, given no sooner than the date of the expiration of the time for redemption, effective no sooner than 90 days after the date of the expiration of the time for redemption, provided that the tenant pays the rent and abides by all terms of the lease.

For purposes of this section, a "bona fide lease" means:

(1) the mortgagor or the child, spouse, or parent of the mortgagor is not the tenant;

(2) the lease or tenancy was the result of an arm's-length transaction; and

(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized by a federal, state, or local subsidy.

(c) For any eviction action commenced on or before December 31, ~~2012~~ 2014, with respect to residential real property or a dwelling involving a tenancy subject to section 8 of the United States Housing Act of 1937, as amended, where the term of the lease extends more than 90 days beyond the date of the expiration of the time for redemption, the immediate successor in interest must allow the tenant to occupy the premises until the end of the remaining term of the lease and provide at least 90 days' written notice to vacate, effective no sooner than the date the lease expires, provided that the tenant pays the rent and abides by all terms of the lease, except if the immediate successor in interest will occupy the unit as the primary residence, the immediate successor in interest must provide at least 90 days' written notice to vacate, given no sooner than the date of the expiration of the time for redemption, effective no sooner than 90 days after the date of the expiration of the time for redemption, provided that the tenant pays the rent and abides by all terms of the lease."

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Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Peppin from the Committee on Government Operations and Elections to which was referred:

H. F. No. 1560, A bill for an act relating to state government; providing for disposition of contested case hearings by the Office of Administrative Hearings; amending Minnesota Statutes 2010, section 14.57.

Reported the same back with the following amendments:

Page 1, after line 17, insert:

"EFFECTIVE DATE. This section is effective August 1, 2012, and applies to contested cases initiated on or after that date."

Page 1, line 19, delete "2012" and insert "2013"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance.

The report was adopted.

Erickson from the Committee on Education Reform to which was referred:

H. F. No. 1585, A bill for an act relating to education; allowing a limited exception to the 180-day good faith effort required before asking the Minnesota State High School League to arrange an interscholastic conference membership.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 128C.07, subdivision 3, is amended to read:

Subd. 3. Prerequisite: ~~180-day~~ 90-day good faith effort. Before asking the league to arrange membership, the school must make a good faith attempt over at least ~~180~~ 90 days to join a conference. The ~~180~~ 90 days run from the date of the school's first written request to join or rejoin a conference.

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

Amend the title as follows:

Page 1, line 2, delete "allowing a limited exception to the 180-day" and insert "reducing time period for"

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Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Erickson from the Committee on Education Reform to which was referred:

H. F. No. 1770, A bill for an act relating to education; requiring teacher candidates to pass basic skills exam; amending Minnesota Statutes 2010, section 122A.18, subdivision 2; Minnesota Statutes 2011 Supplement, section 122A.09, subdivision 4.

Reported the same back with the following amendments:

Page 1, lines 15 to 17, delete the new language

Page 3, after line 22, insert:

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

Page 3, line 27, delete the new language

Page 3, line 28, delete "program before January 1, 2014,"

Page 4, lines 1 to 4, delete the new language

Page 4, line 4, strike "School districts"

Page 4, lines 5 to 9, delete the new language and strike the old language

Page 5, after line 2, insert:

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

Sec. 3. Minnesota Statutes 2010, section 122A.23, subdivision 2, is amended to read:

Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds at least a baccalaureate degree from a regionally accredited college or university and holds or held a similar out-of-state teaching license that requires the applicant to successfully complete a teacher preparation program approved by the issuing state, which includes field-specific teaching methods and student teaching or essentially equivalent experience.

(b) The Board of Teaching must issue a teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

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(2) holds or held an out-of-state teaching license to teach the same content field and grade levels if the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license.

(c) The Board of Teaching, consistent with board rules and paragraph (h), must issue up to three one-year temporary teaching licenses to an applicant who holds or held an out-of-state teaching license to teach the same content field and grade levels, where the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license, but has not successfully completed all exams and human relations preparation components required by the Board of Teaching.

(d) The Board of Teaching, consistent with board rules, must issue up to three one-year temporary teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same content field and grade levels, where the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license, but has not completed field-specific teaching methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods and student teaching or equivalent experience by successfully participating in a one-year school district mentorship program consistent with board-adopted standards of effective practice and Minnesota graduation requirements.

(e) The Board of Teaching must issue a temporary teaching license for a term of up to three years only in the content field or grade levels specified in the out-of-state license to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license where the out-of-state license is more limited in the content field or grade levels than a similar Minnesota license.

(f) The Board of Teaching must not issue to an applicant more than three one-year temporary teaching licenses under this subdivision.

(g) The Board of Teaching must not issue a license under this subdivision if the applicant has not attained the additional degrees, credentials, or licenses required in a particular licensure field.

(h) The Board of Teaching must require an applicant for a teaching license or a temporary teaching license under this subdivision to pass a skills examination in reading, writing, and mathematics before the board issues the license.

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

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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Peppin from the Committee on Government Operations and Elections to which was referred:

H. F. No. 1810, A bill for an act relating to capital investment; establishing the Lake Superior-Poplar River Water District; appropriating money for the construction of water facilities; authorizing the sale and issuance of state bonds.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 1829, A bill for an act relating to public safety; authorizing county attorneys and assistant county attorneys to carry firearms on duty under the terms of a permit to carry; amending Minnesota Statutes 2010, section 388.051, by adding a subdivision.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 1879, A bill for an act relating to public safety; providing enhanced penalties for causing the death of or assaulting a prosecuting attorney; amending Minnesota Statutes 2010, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

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

S. F. No. 149, A bill for an act relating to civil actions; modifying remedies related to certain unlawful or deceptive trade practice actions; permitting appeals of certain court orders related to class actions; amending Minnesota Statutes 2010, section 8.31, subdivision 3a, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 540.

Reported the same back with the following amendments to the unofficial engrossment:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to read:

Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed: (1) ~~$7,500; (2) $4,000,~~ $10,000 or $5,000 if the claim involves a consumer credit transaction; or ~~(3)~~ (2) $15,000, if the claim involves money or personal property subject to forfeiture under section 609.5311, 609.5312, 609.5314, or 609.5318. "Consumer credit transaction" means a sale of personal property, or a loan arranged to facilitate the purchase of personal property, in which:

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(1) credit is granted by a seller or a lender who regularly engages as a seller or lender in credit transactions of the same kind;

(2) the buyer is a natural person;

(3) the claimant is the seller or lender in the transaction; and

(4) the personal property is purchased primarily for a personal, family, or household purpose and not for a commercial, agricultural, or business purpose.

(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the territorial jurisdiction of conciliation court is coextensive with the county in which the court is established. The summons in a conciliation court action under subdivisions 6 to 10 may be served anywhere in the state, and the summons in a conciliation court action under subdivision 7, paragraph (b), may be served outside the state in the manner provided by law. The court administrator shall serve the summons in a conciliation court action by first class mail, except that if the amount of money or property that is the subject of the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, and service on nonresident defendants must be made in accordance with applicable law or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of documents at trial may be served anywhere within the state in the manner provided by law.

When a court administrator is required to summon the defendant by certified mail under this paragraph, the summons may be made by personal service in the manner provided in the Rules of Civil Procedure for personal service of a summons of the district court as an alternative to service by certified mail.

EFFECTIVE DATE. This section is effective August 1, 2012, and applies to claims filed on or after that date.

Sec. 2. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.

A court order certifying a class action, refusing to certify a class action, or denying a motion to decertify a class action is appealable as a matter of right. While an appeal under this subdivision is pending, all discovery and other proceedings in the district court are automatically stayed, except that upon the motion of a party the district court may lift the stay, in whole or in part, for good cause shown.

EFFECTIVE DATE. This section is effective July 1, 2012, and applies to orders issued on or after that date."

Delete the title and insert:

"A bill for an act relating to civil actions; regulating certain conciliation court claims; permitting appeals of certain court orders related to class actions; amending Minnesota Statutes 2010, section 491A.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 540."

With the recommendation that when so amended the bill pass.

The report was adopted.

Shimanski from the Committee on Judiciary Policy and Finance to which was referred:

S. F. No. 373, A bill for an act relating to civil actions; reducing the limitation period for bringing certain actions; amending Minnesota Statutes 2010, sections 325D.64; 541.05, subdivision 1.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:

Subdivision 1. ~~Six-year~~ Four-year limitation; exceptions. (a) Except as provided in paragraph (b) and where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within ~~six~~ four years:

(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;

(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07;

(3) for a trespass upon real estate;

(4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;

(5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated;

(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;

(8) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have expired; or

(9) for damages caused by a dam, used for commercial purposes~~; or~~.

~~(10)~~ (b) An action for assault, battery, false imprisonment, or other tort resulting in personal injury, shall be commenced within six years if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01.

EFFECTIVE DATE. This section is effective August 1, 2012, and applies to causes of action accruing on or after that date."

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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Westrom from the Committee on Civil Law to which was referred:

S. F. No. 429, A bill for an act relating to civil actions; providing a factor for determining the amount of attorney fees awarded in certain actions; proposing coding for new law in Minnesota Statutes, chapter 549.

Reported the same back with the following amendments:

Page 1, line 22, delete "2011" and insert "2012"

With the recommendation that when so amended the bill pass.

The report was adopted.

Shimanski from the Committee on Judiciary Policy and Finance to which was referred:

S. F. No. 530, A bill for an act relating to civil actions; regulating interest on verdicts, awards, and judgments; amending Minnesota Statutes 2010, section 549.09, subdivisions 1, 2.

Reported the same back with the following amendments:

Page 3, line 25, delete "2011" and insert "2012"

Page 4, line 8, delete "2011" and insert "2012"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 56, 300, 545, 1515, 1585, 1770, 1829 and 1879 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 149, 373, 429 and 530 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lanning introduced:

H. F. No. 1987, A bill for an act relating to retirement; Teachers Retirement Association and other plans; revising Teachers Retirement Association post-retirement adjustment initial eligibility procedure; recodifying Teachers Retirement Association aid provisions; creating new Teachers Retirement Association contribution and aid

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payment deficiency recovery procedures; revising federal code compliance provisions applicable to all plans; making other changes of an administrative nature; amending Minnesota Statutes 2010, sections 126C.41, subdivision 3; 352.91, subdivision 3d; 354.51, subdivision 5; 354A.12, subdivision 3c; 356.415, subdivision 1d; 356.611, subdivisions 3, 3a, 4, by adding a subdivision; 423A.02, subdivision 3; Minnesota Statutes 2011 Supplement, section 356.215, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 354; repealing Minnesota Statutes 2010, sections 128D.18; 354A.12, subdivision 3b.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Gunther introduced:

H. F. No. 1988, A bill for an act relating to capital investment; appropriating money for a grant to the city of Truman for a storm water project; authorizing the sale and issuance of state bonds.

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

Hackbarth, Hilty and Beard introduced:

H. F. No. 1989, A bill for an act relating to energy; utilities; establishing rights for incumbent electric transmission owners; establishing commission procedures; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Nornes and Rukavina introduced:

H. F. No. 1990, A bill for an act relating to higher education; clarifying the authority of the Minnesota State Colleges and Universities system to continue operations during a budget impasse; appropriating money; amending Minnesota Statutes 2010, section 136F.71, subdivision 3, by adding a subdivision.

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

Koenen introduced:

H. F. No. 1991, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for wastewater infrastructure improvements in Sacred Heart.

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

Kelly introduced:

H. F. No. 1992, A bill for an act relating to transportation; motor carriers; prohibiting indemnity provisions in motor carrier contracts; proposing coding for new law in Minnesota Statutes, chapter 221.

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

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Barrett and Allen introduced:

H. F. No. 1993, A bill for an act relating to human services; modifying advisory council provisions; amending Minnesota Statutes 2010, sections 254A.035, subdivision 2; 254A.04; 256B.093, subdivision 1; 260.835, subdivision 2.

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

Gottwalt introduced:

H. F. No. 1994, A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions related to continuing care, the telephone equipment program, chemical and mental health, and health care; reforming comprehensive assessment and case management services; amending Minnesota Statutes 2010, sections 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245.461, by adding a subdivision; 245.462, subdivision 20; 245.487, by adding a subdivision; 245.4871, subdivision 15; 245.4932, subdivision 1; 245A.11, subdivision 2a; 246.53, by adding a subdivision; 256.9657, subdivision 1; 256B.04, subdivision 14; 256B.056, subdivision 3c; 256B.0595, subdivision 2; 256B.0625, subdivisions 13, 13d, 42; 256B.0659, subdivisions 1, 2, 3a, 4; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.19, subdivision 1c; 256B.441, subdivisions 13, 31, 53; 256B.49, subdivision 13; 256B.69, subdivision 5; 256F.13, subdivision 1; 256G.02, subdivision 6; 256L.05, subdivision 3; 514.982, subdivision 1; Minnesota Statutes 2011 Supplement, sections 125A.21, subdivision 7; 144A.071, subdivisions 3, 4a; 254B.04, subdivision 2a; 256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions 13e, 13h, 14; 256B.0631, subdivisions 1, 2; 256B.0911, subdivisions 1a, 3a, 4a; 256B.0915, subdivision 10; 256B.49, subdivisions 14, 15; 256B.69, subdivisions 5a, 28; 256L.15, subdivision 1; 626.557, subdivision 9; repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b; 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19, 20, 25, 27, 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, 8; 256B.435; 256B.436; Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 26; Minnesota Rules, part 9555.7700.

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

Mahoney, Fritz and Stensrud introduced:

H. F. No. 1995, A bill for an act relating to labor and industry; directing the commissioner of labor and industry to implement window cleaning safety measures; amending Minnesota Statutes 2010, section 326B.106, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 182.

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

Dittrich introduced:

H. F. No. 1996, A bill for an act relating to labor and industry; clarifying the definition of home solicitation sale; amending Minnesota Statutes 2010, section 325G.06, subdivision 2.

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

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Davids, Pelowski, Norton and Howes introduced:

H. F. No. 1997, A bill for an act relating to capital investment; appropriating money for replacement of two school facilities for the Rushford-Peterson school district; authorizing the sale and issuance of state bonds.

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

Sanders; Atkins; Anderson, D.; Hoppe and Anzelc introduced:

H. F. No. 1998, A bill for an act relating to insurance; modifying the definition of a health plan company; proposing coding for new law in Minnesota Statutes, chapter 645.

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

Melin, Anzelc and Rukavina introduced:

H. F. No. 1999, A bill for an act relating to capital investment; appropriating money for capital improvements at the Range Regional Airport terminal; 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.

Johnson introduced:

H. F. No. 2000, A bill for an act relating to courts; authorizing county boards to set and impose court security fee in civil and criminal matters; allotting fee for court security equipment and personnel; amending Minnesota Statutes 2010, section 357.021, by adding a subdivision.

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

McFarlane, Scalze and Greiling introduced:

H. F. No. 2001, A bill for an act relating to capital investment; appropriating money for Northeast Metro 916 Intermediate School District for a new facility; authorizing the sale and issuance of state bonds.

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

Downey, Mazorol, Holberg, Drazkowski, Banaian, Urdahl, Quam and Nornes introduced:

H. F. No. 2002, A bill for an act relating to occupational regulation; ensuring a person may pursue a lawful occupation free from unnecessary regulations; stating a right to engage in an occupation to create a greater number of jobs; specifying conditions for government regulation of occupations to protect against misuse of occupational regulations to reduce competition and increase prices to consumers; proposing coding for new law as Minnesota Statutes, chapter 213.

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

Journal of the House - 67th Day - Monday, January 30, 2012 - Top of Page 5405

Woodard, Kieffer, Bills, Erickson, Gunther, Barrett, Hoppe, Hamilton, Daudt, Stensrud, Cornish, Kriesel, McNamara, Beard, McDonald and Leidiger introduced:

H. F. No. 2003, A bill for an act relating to state government; allowing operations on an ongoing basis for the Racing Commission and State Lottery; amending Minnesota Statutes 2010, sections 240.155, subdivision 1; 240.30, subdivision 9; 349A.10, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Schomacker, Howes and Beard introduced:

H. F. No. 2004, A bill for an act relating to highways; authorizing issuance of trunk highway bonds; appropriating money for marked Trunk Highway 75 in Luverne.

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

Kahn introduced:

H. F. No. 2005, A bill for an act relating to retirement; former Minneapolis Police Relief Association; providing for successor custodian for transferred health insurance account assets; amending Minnesota Statutes 2011 Supplement, section 353.668, subdivision 4.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Kahn and Mullery introduced:

H. F. No. 2006, A bill for an act relating to alcohol; allowing certain persons under the age of 21 to drink alcohol under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Kahn, Mariani, Greiling and Hausman introduced:

H. F. No. 2007, A bill for an act relating to government operations; requiring a study of the feasibility of consolidating counties and rationalizing other internal boundaries; appropriating money.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Nornes and Hackbarth introduced:

H. F. No. 2008, A bill for an act relating to public safety; traffic regulations; establishing a motorcycle road guard certificate; providing criminal penalties; amending Minnesota Statutes 2010, section 169.06, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 171.

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

Journal of the House - 67th Day - Monday, January 30, 2012 - Top of Page 5406

Abeler and Lesch introduced:

H. F. No. 2009, A bill for an act relating to human services; changing human services legal provisions; modifying provisions related to human services licensing, licensing data, and the Office of Inspector General; amending the Human Services Background Studies Act; amending Minnesota Statutes 2010, sections 13.46, subdivision 4; 245A.02, by adding subdivisions; 245A.04, subdivisions 1, 5, 7, 11, by adding a subdivision; 245A.05; 245A.07, subdivision 3; 245A.08, subdivision 2a; 245A.14, subdivision 11, by adding a subdivision; 245A.146, subdivisions 2, 3; 245A.16, subdivision 4, by adding a subdivision; 245A.18, subdivision 1; 245A.22, subdivision 2; 245A.66, subdivisions 2, 3; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivisions 2, 4, 6, 7, by adding a subdivision; 245C.07; 245C.08, subdivisions 1, 2, 3, by adding a subdivision; 245C.14, subdivision 2; 245C.15; 245C.16, subdivision 1; 245C.17, subdivision 2; 245C.22, subdivision 5; 245C.23, subdivision 2; 245C.24, subdivision 2; 245C.28, subdivisions 1, 3; 245C.29, subdivision 2; 256.045, subdivision 3b; Minnesota Statutes 2011 Supplement, section 256B.04, subdivision 21; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Rules, part 9503.0150, item E.

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

McFarlane, Slawik, Lillie and Dettmer introduced:

H. F. No. 2010, A bill for an act relating to capital investment; appropriating money for classroom addition and renovation at Century College; authorizing the sale and issuance of state bonds.

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

Winkler introduced:

H. F. No. 2011, A bill for an act relating to capital investment; appropriating money for the Perpich Center for the Arts; authorizing the sale and issuance of state bonds.

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

Swedzinski and Kieffer introduced:

H. F. No. 2012, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 12; prohibiting regular sessions in even-numbered years.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Swedzinski, Vogel and Benson, M., introduced:

H. F. No. 2013, A bill for an act relating to state government; changing provisions for proceeds from sales of state surplus property; amending Minnesota Statutes 2010, section 16C.23, subdivisions 4, 6.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

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Swedzinski introduced:

H. F. No. 2014, A bill for an act relating to capital investment; appropriating money for the Redwood County Material Recovery Facility; authorizing the sale and issuance of state bonds.

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

Swedzinski introduced:

H. F. No. 2015, A bill for an act relating to capital investment; appropriating money for the Lake Redwood reclamation and enhancement project; authorizing the sale and issuance of state bonds.

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

Swedzinski, Vogel and Koenen introduced:

H. F. No. 2016, A bill for an act relating to capital investment; appropriating money for the Marshall MERIT Center; authorizing the sale and issuance of state bonds.

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

Erickson introduced:

H. F. No. 2017, A bill for an act relating to taxation; income; modifying rates for individuals, estates, and trusts; amending Minnesota Statutes 2010, section 290.06, subdivision 2d; Minnesota Statutes 2011 Supplement, sections 289A.08, subdivision 7; 290.01, subdivisions 19, 19a, 19b; 290.06, subdivision 2c.

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

Erickson introduced:

H. F. No. 2018, A bill for an act relating to taxation; individual income; restructuring the individual income tax; eliminating subtractions, applying a single tax rate, modifying the working family credit, and repealing the alternative minimum tax and various credits; amending Minnesota Statutes 2010, section 290.091, subdivision 6; Minnesota Statutes 2011 Supplement, sections 290.01, subdivisions 19a, 19b; 290.06, subdivision 2c; 290.0671, subdivision 1; repealing Minnesota Statutes 2010, sections 290.067, subdivisions 1, 2, 2a, 2b, 3, 4; 290.0672; 290.0674; 290.0675, subdivisions 2, 3, 4; 290.0679; 290.0802; 290.091, subdivisions 1, 3, 4, 5, 6; Minnesota Statutes 2011 Supplement, sections 290.0675, subdivision 1; 290.091, subdivision 2.

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

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McNamara introduced:

H. F. No. 2019, A bill for an act relating to natural resources; clarifying watercraft license fees for canoes, kayaks, sailboards, paddle boats, and rowing shells; amending Minnesota Statutes 2010, section 86B.415, subdivisions 1, 2, by adding a subdivision.

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

Lanning and Marquart introduced:

H. F. No. 2020, A bill for an act relating to capital investment; appropriating money for flood mitigation improvements in Moorhead and design work for the diversion project; authorizing the sale and issuance of state bonds.

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

Laine, Greiling, Scalze, Davnie and Clark introduced:

H. F. No. 2021, A bill for an act relating to health; prohibiting smoking in theatrical productions; amending Minnesota Statutes 2010, section 144.413, subdivision 2; repealing Minnesota Statutes 2010, section 144.4167, subdivision 9.

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

Dill introduced:

H. F. No. 2022, A bill for an act relating to St. Louis County; authorizing the private sale of certain real and personal property.

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

Dill introduced:

H. F. No. 2023, A bill for an act relating to capital investments; authorizing the sale and issuance of state bonds; appropriating money for acquisition and development of the Gitchi Gami State Trail.

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

Dill introduced:

H. F. No. 2024, A bill for an act relating to capital improvements; appropriating money for development of Lake Vermilion State Park and the Soudan Underground Mine State Park; authorizing the sale and issuance of state bonds.

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

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Urdahl, Erickson and Greiling introduced:

H. F. No. 2025, A bill for an act relating to education; expanding the postsecondary enrollment options program; amending Minnesota Statutes 2010, sections 124D.09, subdivisions 3, 9, 12, 24, by adding a subdivision; 135A.101, subdivision 1; Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5; repealing Minnesota Statutes 2010, section 124D.09, subdivision 23.

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

Greiling; Brynaert; Ward; Smith; Tillberry; Anzelc; Slocum; Benson, J., and Mariani introduced:

H. F. No. 2026, A bill for an act relating to education; offering a financial incentive for school boards and teacher representatives to sign a collective bargaining agreement by January 15 in an even-numbered year; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Davids, Nelson, Garofalo, Howes, Atkins, Lillie and Runbeck introduced:

H. F. No. 2027, A bill for an act relating to the city of Bloomington; extending certain time limits applicable to a tax increment financing district.

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

Gunther introduced:

H. F. No. 2028, A bill for an act relating to retirement; Fairmont Police Relief Association; consolidating the relief association with the Public Employees Police and Fire Retirement Plan and Fund; amending Minnesota Statutes 2011 Supplement, sections 69.77, subdivisions 1a, 4; 356.215, subdivision 8; Laws 2002, chapter 392, article 1, section 8; proposing coding for new law in Minnesota Statutes, chapter 353; repealing Minnesota Statutes 2010, section 423A.06; Laws 1947, chapter 624, sections 1; 2; 3; 4; 5; 6; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 21; 22, as amended; Laws 1963, chapter 423; Laws 1999, chapter 222, article 3, sections 3; 4; 5.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Anderson, P., introduced:

H. F. No. 2029, A bill for an act relating to capital improvements; appropriating money for sewer line replacement to allow for expansion of existing industrial park businesses in the city of Brooten; authorizing the sale and issuance of state bonds.

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

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Abeler and Huntley introduced:

H. F. No. 2030, A bill for an act relating to human services; requiring review of stay of civil commitment as alternative to commitment to secure treatment facility for sex offenders; requiring report.

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

Downey introduced:

H. F. No. 2031, A bill for an act relating to sales and use tax; exempting nonbusiness purchases made over the Internet; amending Minnesota Statutes 2010, section 297A.67, by adding a subdivision.

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

Myhra, Davids, Loon, Hoppe, Sanders, Mack, Banaian and Anderson, D., introduced:

H. F. No. 2032, A bill for an act relating to taxation; sales and use; modifying definition of retail sale; amending Minnesota Statutes 2010, section 297A.61, subdivision 4.

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

Downey introduced:

H. F. No. 2033, A bill for an act relating to state government; proposing the Equal Pay and Benefits Act; providing a method for determining public employee compensation; proposing coding for new law in Minnesota Statutes, chapter 15A.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

MOTIONS AND RESOLUTIONS

Downey moved that the name of Erickson be added as an author on H. F. No. 755. The motion prevailed.

Hortman moved that the name of Ward be added as an author on H. F. No. 1429. The motion prevailed.

Anderson, S., moved that the name of Downey be added as an author on H. F. No. 1511. The motion prevailed.

McFarlane moved that the name of Swedzinski be added as an author on H. F. No. 1579. The motion prevailed.

Eken moved that the name of Nornes be added as an author on H. F. No. 1728. The motion prevailed.

Lenczewski moved that the name of Simon be added as an author on H. F. No. 1776. The motion prevailed.

Hackbarth moved that the name of Gunther be added as an author on H. F. No. 1779. The motion prevailed.

Hansen moved that the name of Simon be added as an author on H. F. No. 1780. The motion prevailed.

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Anzelc moved that the name of Melin be added as an author on H. F. No. 1782. The motion prevailed.

Anzelc moved that the name of Melin be added as an author on H. F. No. 1783. The motion prevailed.

Johnson moved that the name of McFarlane be added as an author on H. F. No. 1786. The motion prevailed.

Murdock moved that the name of Nornes be added as an author on H. F. No. 1804. The motion prevailed.

Runbeck moved that the name of Hansen be added as an author on H. F. No. 1872. The motion prevailed.

Clark moved that the name of Simon be added as an author on H. F. No. 1885. The motion prevailed.

Fabian moved that the name of Kiel be added as an author on H. F. No. 1890. The motion prevailed.

Vogel moved that the name of Koenen be added as an author on H. F. No. 1899. The motion prevailed.

Vogel moved that the name of Koenen be added as an author on H. F. No. 1900. The motion prevailed.

Urdahl moved that the name of Nornes be added as an author on H. F. No. 1903. The motion prevailed.

Howes moved that the name of Persell be added as an author on H. F. No. 1924. The motion prevailed.

Dettmer moved that the name of McFarlane be added as an author on H. F. No. 1927. The motion prevailed.

LeMieur moved that the names of Dettmer, Shimanski, Fritz and Scott be added as authors on H. F. No. 1928. The motion prevailed.

LeMieur moved that the names of Dettmer and Shimanski be added as authors on H. F. No. 1929. The motion prevailed.

Banaian moved that the name of Erickson be added as an author on H. F. No. 1932. The motion prevailed.

Melin moved that the name of Gruenhagen be added as an author on H. F. No. 1933. The motion prevailed.

Rukavina moved that the names of Benson, J.; Simon; Fritz; Clark and Melin be added as authors on H. F. No. 1940. The motion prevailed.

Beard moved that the name of Scott be added as an author on H. F. No. 1942. The motion prevailed.

Abeler moved that the names of Benson, J., and Fritz be added as authors on H. F. No. 1953. The motion prevailed.

Anderson, S., moved that the name of Scott be added as an author on H. F. No. 1956. The motion prevailed.

Wagenius moved that the names of Benson, J., and Marquart be added as authors on H. F. No. 1963. The motion prevailed.

Atkins moved that the name of Simon be added as an author on H. F. No. 1964. The motion prevailed.

Drazkowski moved that the name of Scott be added as an author on H. F. No. 1973. The motion prevailed.

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Drazkowski moved that the name of Scott be added as an author on H. F. No. 1976. The motion prevailed.

Schomacker moved that the name of Pelowski be added as an author on H. F. No. 1979. The motion prevailed.

McElfatrick moved that the name of Scott be added as an author on H. F. No. 1982. The motion prevailed.

Doepke moved that H. F. No. 1242 be recalled from the Committee on Government Operations and Elections and be re-referred to the Committee on Taxes. The motion prevailed.

Runbeck moved that H. F. No. 1872 be recalled from the Committee on Public Safety and Crime Prevention Policy and Finance and be re-referred to the Committee on Judiciary Policy and Finance. The motion prevailed.

Hoppe moved that S. F. No. 247 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Education Finance. The motion prevailed.

Atkins moved that S. F. No. 373, now on the General Register, be re-referred to the Committee on Commerce and Regulatory Reform.

A roll call was requested and properly seconded.

The question was taken on the Atkins motion and the roll was called. There were 60 yeas and 67 nays as follows:

Those who voted in the affirmative were: