STATE OF MINNESOTA
EIGHTY-SEVENTH SESSION - 2011
_____________________
ELEVENTH DAY
Saint Paul, Minnesota, Thursday, February 3,
2011
The House of Representatives convened at
3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by Dr. Paul Dovre, President
of Concordia College, Moorhead, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
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
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
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
Shimanski
Simon
Slawik
Slocum
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Atkins, Champion, Falk, Laine 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.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Garofalo
from the Committee on Education Finance to which was referred:
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.
Reported the
same back with the following amendments:
Amend the
title as follows:
Page 1, line
2, delete "removing set-aside for student health personnel" and
insert "removing the maintenance of effort and set-aside requirements for
school personnel; returning financial decision making to school districts"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Davids from the Committee on Taxes to which was referred:
H. F. No. 103, A bill for an act relating to
unemployment insurance; modifying certain eligibility and extension provisions;
amending Minnesota Statutes 2010, section 268.085, subdivision 9.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House Files were introduced:
Atkins, Hoppe, Sanders, Mahoney, Lillie,
Murdock and Johnson introduced:
H. F. No. 343, A bill for an act relating
to crime; enhancing enforcement capability for identity theft and other
fraudulent activities conducted electronically; amending Minnesota Statutes
2010, sections 53B.18; 299L.01; proposing coding for new law in Minnesota
Statutes, chapter 299L.
The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.
Lanning, Gunther, Hausman, Howes, Nelson,
Murray and Clark introduced:
H. F. No. 344, A bill for an act relating
to capital investment; appropriating money for rehabilitation of public
housing; authorizing the sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Development Finance.
Greiling; Ward; Brynaert; Thissen;
Carlson; Murphy, M.; Peterson, S.; Kahn; Scalze; Slocum; Tillberry; Mariani;
Gauthier; Moran; Greene; Paymar; Hausman; Anzelc; Mullery; Hayden; Champion;
Nelson; Lillie; Benson, J., and Falk introduced:
H. F. No. 345, A bill for an act relating
to education finance; modifying the school finance system; creating a new education
funding framework; making changes to income tax schedules; amending Minnesota
Statutes 2010, sections 123B.53, subdivision 5; 124D.4531; 124D.59, subdivision
2; 124D.65, subdivision 5; 125A.76, subdivision 5; 125A.79, subdivision 7;
126C.01, by adding subdivisions; 126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17;
126C.10, subdivisions 1, 2, 2a, 3, 4, 6, 13, 14, 18, by adding subdivisions;
126C.13, subdivisions 4, 5; 126C.17, subdivisions 1, 5, 6; 126C.20; 126C.40,
subdivision 1; 127A.51; proposing coding for new law in Minnesota Statutes,
chapters 123B; 126C; repealing Minnesota Statutes 2010, sections 123B.54;
123B.57, subdivisions 3, 4, 5; 123B.591; 125A.76, subdivision 4; 125A.79,
subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 24, 25, 26, 27, 28, 29, 30,
31, 31a, 31b, 32, 33, 34, 35, 36; 126C.12; 126C.126; 127A.50.
The bill was read for the first time and
referred to the Committee on Education Finance.
McFarlane; Hortman; Doepke; Anderson, S.,
and Woodard introduced:
H. F. No. 346, A bill for an act relating
to education; authorizing a transfer from the reserved for operating capital account to the undesignated general fund;
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.
Howes; Davids; McFarlane; Sanders; Hansen;
Murdock; McNamara; Hornstein; Morrow; Gunther; Koenen; Urdahl; Lanning;
Huntley; Gauthier; Cornish; Nelson; Slawik; Carlson; Dill; Anderson, P.;
Torkelson; Poppe; Nornes; Hamilton; Pelowski; Brynaert; Beard; Abeler; Atkins
and Slocum introduced:
H. F. No. 347, A bill for an act relating
to motor vehicles; modifying fees for transactions relating to motor vehicles
and drivers' licenses; amending Minnesota Statutes 2010, sections 168.33,
subdivision 7; 171.06, subdivisions 2, 2a.
The bill was read for the first time and
referred to the Committee on Transportation Policy and Finance.
Hackbarth introduced:
H. F. No. 348, A bill for an act relating
to game and fish; modifying decoy restrictions; amending Minnesota Statutes
2010, section 97B.811, subdivision 3; repealing Minnesota Statutes 2010,
section 97B.811, subdivision 4.
The bill was read for the first time and
referred to the Committee on Environment, Energy and Natural Resources Policy
and Finance.
Lillie and Slawik introduced:
H. F. No. 349, A bill for an act relating
to capital improvements; appropriating money for a regional public safety
training facility in the city of Maplewood; 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.
Lillie introduced:
H. F. No. 350, A bill for an act relating
to taxation; removing a limitation on the duration of a tax exemption for
homesteads of surviving spouses of disabled veterans; amending Minnesota
Statutes 2010, section 273.13, subdivision 34.
The bill was read for the first time and
referred to the Veterans Services Division.
Lillie introduced:
H. F. No. 351, A resolution designating
the Honor and Remember Flag as the State of Minnesota's emblem of the service
and sacrifice by those in the United States armed forces who have given their
lives in the line of duty; and urging Congress to pass a House Resolution to
designate the Honor and Remember Flag for the same purpose.
The bill was read for the first time and
referred to the Veterans Services Division.
Eken, Lanning, Kiel, Marquart and Fabian
introduced:
H. F. No. 352, A bill for an act relating
to capital investment; appropriating money to implement flood damage reduction
projects of a capital nature with certain conditions; 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.
Loon introduced:
H. F. No. 353, A bill for an act relating
to taxation; appealing official orders of commissioner of revenue; notice;
amending Minnesota Statutes 2010, section 271.06, subdivision 2.
The bill was read for the first time and
referred to the Committee on Judiciary Policy and Finance.
Slocum and Lenczewski introduced:
H. F. No. 354, A bill for an act relating
to capital improvements; appropriating money for the Lindau Lane Corridor;
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.
Kiffmeyer; Erickson; Myhra; Drazkowski;
Woodard; Petersen, B.; Kiel; Abeler and Wardlow introduced:
H. F. No. 355, A bill for an act relating
to education; reducing mandates for home schools; relieving superintendents of
certain reporting requirements; amending Minnesota Statutes 2010, sections
120A.22, subdivision 11; 120A.24; 121A.15, subdivision 8; 123B.42, subdivision
1; 123B.44, subdivision 1; 171.05, subdivision 2; 171.17, subdivision 1;
171.22, subdivision 1; 181A.05, subdivision 1; repealing Minnesota Statutes
2010, section 120A.26, subdivisions 1, 2.
The bill was read for the first time and
referred to the Committee on Education Reform.
Hilstrom introduced:
H. F. No. 356, A bill for an act relating
to civil actions; establishing a cause of action for intentional interference
with the expectation of inheritance; proposing coding for new law in Minnesota
Statutes, chapter 604.
The bill was read for the first time and
referred to the Committee on Civil Law.
Lenczewski introduced:
H. F. No. 357, A bill for an act relating
to taxation; property; repeal of metropolitan fiscal disparities program;
repealing Minnesota Statutes 2010, sections 473F.001; 473F.01; 473F.02,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 21, 22, 23, 24;
473F.03; 473F.05; 473F.06; 473F.07; 473F.08, subdivisions 1, 2, 3, 3a, 3b, 4,
5, 5a, 6, 7a, 8a, 10; 473F.09; 473F.10; 473F.11; 473F.13, subdivision 1.
The bill was read for the first time and
referred to the Committee on Taxes.
Barrett and Benson, M., introduced:
H. F. No. 358, A bill for an act relating
to law enforcement; prohibiting immigration law enforcement noncooperation
ordinances and policies; providing for use of immigration-related data;
proposing coding for new law in Minnesota Statutes, chapters 13; 299A.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Dill, Davids, Gottwalt and Davnie
introduced:
H. F. No. 359, A bill for an act relating
to taxation; clarifying the imposition of sales tax on motor vehicle paint and
supplies; amending Minnesota Statutes 2010, section 297A.61, subdivision 4, by
adding a subdivision.
The bill was read for the first time and
referred to the Committee on Taxes.
Peterson, S.; Brynaert; Anderson, S., and
Ward introduced:
H. F. No. 360, A bill for an act relating
to education finance; clarifying that a school district is not required to
provide educational services to students without disabilities from other
states; amending Minnesota Statutes 2010, section 125A.515, by adding a
subdivision.
The bill was read for the first time and
referred to the Committee on Education Reform.
Kriesel, Cornish and Lohmer introduced:
H. F. No. 361, A bill for an act relating
to crime; modifying crime of fleeing a peace officer; amending Minnesota
Statutes 2010, section 609.487, subdivision 4.
The bill was read for the first time and
referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Kahn introduced:
H. F. No. 362, A bill for an act relating
to real property; allowing common interest community unit owners to obtain
copies of association records; amending Minnesota Statutes 2010, section
515B.3-118.
The bill was read for the first time and
referred to the Committee on Civil Law.
Lenczewski introduced:
H. F. No. 363, A bill for an act relating
to lobbyists; prohibiting former legislators, constitutional officers, agency
heads, and certain legislative employees from lobbying for legislative or
administrative action for one year after leaving office; proposing coding for
new law in Minnesota Statutes, chapter 10A.
The bill was read for the first time and
referred to the Committee on Government Operations and Elections.
Lanning and Marquart introduced:
H. F. No. 364, A bill for an act relating
to chemical health; providing interstate contracts for detoxification services;
amending Minnesota Statutes 2010, section 245.50.
The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the Senate,
in which amendment the concurrence of the House is respectfully requested:
H. F. No. 130,
A bill for an act relating to state government finance; making appropriation
reductions for fiscal year 2011, policy changes, and appropriation reductions for
fiscal years 2012 and 2013; making changes to tax aids and credits and reducing
payments; amending Minnesota Statutes 2010, sections 256B.766; 270A.03,
subdivision 7; 273.1384, subdivision 6, by adding a subdivision; 289A.02,
subdivision 7; 289A.50, subdivision 1; 290.01, subdivisions 6, 19, 19a, 19c,
31; 290A.03, subdivisions 11, 13, 15; 290C.07; 477A.0124, by adding a
subdivision; 477A.013, subdivision 9, by adding a subdivision; 477A.03; Laws
2010, First Special Session chapter 1, article 5, sections 4; 5; proposing
coding for new law in Minnesota Statutes, chapter 43A; repealing Minnesota
Statutes 2010, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06,
subdivision 23.
Cal R. Ludeman, Secretary
of the Senate
Holberg moved that the House refuse to
concur in the Senate amendments to H. F. No. 130, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I have the
honor to inform the House of Representatives that the Senate is ready to meet
with the House in Joint Convention at 11:45 a.m., Wednesday, February 9, 2011
to receive the message of the Honorable Mark Dayton, Governor of the State of
Minnesota, which will be delivered at 12:00 noon.
Cal R. Ludeman, Secretary
of the Senate
Mr. Speaker:
I have the
honor to announce that the Senate has appointed a committee of five members of
the Senate to act with a like committee on the part of the House of
Representatives to escort the Honorable Mark Dayton, Governor of the State of Minnesota, to the House Chamber on
the occasion of the Joint Convention on Wednesday, February 9, 2011, at
12:00 noon.
Senators
Dahms, Nelson, Pederson, Reinert and Sieben have been appointed as members of
such committee on the part of the Senate.
Cal R. Ludeman, Secretary of
the Senate
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 4
and 55.
Cal R. Ludeman, Secretary
of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 4,
A bill for an act relating to energy; regulating and monitoring decommissioning
of nuclear power plants and disposal of used fuel; abolishing prohibition on
issuing certificate of need for new nuclear power plant; amending Minnesota
Statutes 2010, section 216B.243, subdivision 3b; proposing coding for new law
in Minnesota Statutes, chapter 216B.
The bill was
read for the first time and referred to the Committee on Commerce and
Regulatory Reform.
S. F. No. 55,
A bill for an act relating to education; modifying charter authorizer approval
deadline; amending Minnesota Statutes 2010, section 124D.10, subdivision 3.
The bill was
read for the first time and referred to the Committee on Education Reform.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 130:
Holberg, Davids, Abeler, Nornes and
Gunther.
MOTIONS AND RESOLUTIONS
Davids moved that the name of Poppe be added as an author on
H. F. No. 22. The motion
prevailed.
Garofalo moved that the names of Poppe, Dettmer, Peppin and
Anderson, P., be added as authors on H. F. No. 68. The motion prevailed.
Beard moved that the name of Lanning be added as an author on
H. F. No. 72. The motion
prevailed.
Davids moved that the name of Lanning be added as an author on
H. F. No. 79. The motion
prevailed.
Dettmer moved that the name of Crawford be added as an author
on H. F. No. 82. The
motion prevailed.
Downey moved that the name of Crawford be added as an author on
H. F. No. 178. The motion
prevailed.
Holberg moved that the name of Nornes be added as an author on
H. F. No. 235. The motion
prevailed.
Anderson, S., moved that the name of Kieffer be added as an
author on H. F. No. 255.
The motion prevailed.
Dittrich moved that the name of Scott be added as an author on
H. F. No. 314. The motion
prevailed.
Holberg moved that the name of Scott be added as an author on
H. F. No. 329. The motion
prevailed.
Drazkowski moved that the name of Westrom be added as an author
on H. F. No. 331. The
motion prevailed.
Drazkowski moved that the name of Westrom be added as an author
on H. F. No. 332. The
motion prevailed.
Moran moved that the name of Slocum be added as an author on
H. F. No. 333. The motion
prevailed.
Greiling moved that the name of Slocum be added as an author on
H. F. No. 341. The motion
prevailed.
Hackbarth moved that H. F. No. 55, now on the
General Register, be re-referred to the Committee on Ways and Means. The motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns today it adjourn until
3:00 p.m., Monday, February 7, 2011. The
motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:00 p.m., Monday, February 7, 2011.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives