STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2012
_____________________
SEVENTY-FOURTH
DAY
Saint Paul, Minnesota, Thursday, February 16, 2012
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 the Reverend Joann Haejong
Lee, House of Hope Presbyterian Church, St. Paul, 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
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
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
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
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
McNamara
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Beard, Huntley, Murdock and Slocum were
excused.
Persell was excused until 4:00 p.m.
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
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1134, A bill for an act relating to insurance; regulating annuity products; enacting a model regulation adopted by the National Association of Insurance Commissioners relating to suitability in annuity transactions; amending Minnesota Statutes 2010, sections 60A.06, subdivision 3; 60K.46, subdivision 4; 72A.20, subdivision 34; proposing coding for new law in Minnesota Statutes, chapter 72A.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Hoppe from the Committee on
Commerce and Regulatory Reform to which was referred:
H. F. No. 1595, A bill for an act relating to
real estate; providing process for unaffixing manufactured home from real
property; amending Minnesota Statutes 2010, sections 168A.01, by adding a
subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05,
subdivisions 1, 1a, 1b; 168A.141, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 168A.
Reported the same back with the following amendments:
Page 1, lines 12 and 19, delete "the day following
final enactment" and insert "August 1, 2012"
Page 2, line 6, after
"number" insert "in the case of a vehicle or serial number in
the case of a manufactured home"
Page 2, lines 21 and 27, delete "the day following
final enactment" and insert "August 1, 2012"
Page 3, lines 4, 15, and 31, delete "the day
following final enactment" and insert "August 1, 2012"
Page 5, lines 2 and 6, delete "affidavit" and
insert "opinion"
Page 5, line 9, delete "and"
Page 5, line 12, after the semicolon, insert "and"
Page 5, after line 12, insert:
"(v) that the person signing the opinion has
reviewed all provisions of the affidavit of severance and certifies that they
are correct and complete to the best of the knowledge of the person signing
this opinion;"
Page 5, delete lines 19 to 24
Page 5, line 25, delete "(c)" and insert
"(b)"
Page 5, line 29, delete "(d)" and insert
"(c)" and delete "(c)" and insert "(b)"
Page 5, delete line 32 and insert:
"(d) The department is not liable for any errors,
omissions, misstatements, or other deficiencies or inaccuracies in documents
presented to the department under this section, so long as the documents
presented appear to satisfy the requirements of this section. The department has no obligation to
investigate the accuracy of statements contained in the documents."
Page 5, line 33, delete "the day following final
enactment" and insert "August 1, 2012"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Transportation Policy and Finance.
The
report was adopted.
Anderson, B., from the Veterans
Services Division to which was referred:
H. F. No. 1821, A bill for an act relating to
veterans; changing the small business set-aside program for veteran-owned small
businesses; authorizing county set-aside programs for veteran-owned small
businesses; changing reporting requirements; amending Minnesota Statutes 2010,
section 161.321, subdivisions 2, 5, 8, by adding subdivisions; proposing coding
for new law in Minnesota Statutes, chapter 375.
Reported the same back with the following amendments:
Page 2, line 19, delete "goods and" and
insert "professional and technical"
Page 2, line 23, delete "support services and other"
and insert "and technical services."
Page 2, delete line 24
Page 2, delete line 25
Page 2, line 26, delete everything after "(c)"
and insert "The commissioner must strive to ensure that contracts under
this subdivision will be awarded on a proportional basis with contracts awarded
under subdivision 2."
Page 2, delete lines 27 and 28
Page 2, line 31, before the period, insert ", except
when prohibited by federal law or rule as a condition of receiving federal
funds"
Page 2, line 33, delete "must" and insert
"may"
Page 2, line 35, delete "and" and insert
", as well as" and after "who" insert "have
not been granted a waiver and"
Page 3, line 3, delete "must" and insert "may"
and after "award" insert "only"
Page 3, line 4, delete "only" and insert a
comma
Page 3, delete section 4 and insert:
"Sec. 4. Minnesota
Statutes 2010, section 161.321, subdivision 8, is amended to read:
Subd. 8. Report by commissioner Reporting. (a) The commissioner of
transportation shall report to the commissioner of administration on
compliance with this section. The
information must be reported at the time and in the manner requested by the
commissioner of administration.
(b) By February 1 of each even-numbered year, the
commissioner of transportation shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation policy and finance and veterans policy and finance concerning
contract awards during the preceding biennium under this section. At a minimum, the report must include:
(1) a summary of the program;
(2) a review of the use of preferences for contracting
during the preceding biennium, including frequency of establishment of a
preference and frequency and amount of contract awards to:
(i) small targeted group businesses; and
(ii) veteran-owned small businesses;
(3) a review of goals and good faith efforts to use small
targeted group businesses and veteran-owned small businesses in subcontracts,
including analysis of methods used for, and effectiveness of, good faith
efforts;
(4) a summary of any financial incentives used or sanctions
imposed;
(5) agency commentary on any perceived impediments, whether
statutory, administrative, or otherwise, that may be limiting the participation
of small targeted group businesses and veteran-owned small businesses in the
agency's contract preference program; and
(6) any recommendations for legislative or programmatic
changes."
Page 4, delete section 6
Page 6, line 9, before "The" insert "At
the request of the county board,"
Renumber the sections in sequence
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Transportation Policy and Finance.
The
report was adopted.
Peppin from the Committee on
Government Operations and Elections to which was referred:
H. F. No. 1974, A bill for an act relating to
public employment; providing that certain contract terms do not continue in effect
after expiration of a collective bargaining agreement; forbidding certain
retroactive provisions; amending Minnesota Statutes 2010, section 179A.20,
subdivision 6, by adding a subdivision.
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.
Hoppe from the Committee on
Commerce and Regulatory Reform to which was referred:
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.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Garofalo from the Committee on Education
Finance to which was referred:
H. F. No. 2078, A bill for an act relating to
education finance; expanding use of nonpublic pupil textbook aid; amending
Minnesota Statutes 2010, sections 123B.41, by adding a subdivision; 123B.42;
Minnesota Statutes 2011 Supplement, section 123B.41, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Hoppe from the Committee on
Commerce and Regulatory Reform to which was referred:
H. F. No. 2087, A bill for an act relating to
labor and industry; making changes to the State Building Code; amending
Minnesota Statutes 2010, sections 326B.092, subdivisions 2, 7; 326B.103,
subdivision 3; Minnesota Statutes 2011 Supplement, sections 326B.46,
subdivision 1a; 326B.49, subdivision 1; repealing Minnesota Rules, parts 1301.1201;
1302.0600; 3801.3640; 3801.3650; 3801.3660; 3801.3670; 3801.3680; 3801.3690;
3801.3700; 3801.3710; 3801.3720; 3801.3730; 3801.3740; 3801.3760; 3801.3790;
3801.3800.
Reported the same back with the following amendments:
Page 1, after line 9, insert:
"Section 1. Minnesota
Statutes 2010, section 178.01, is amended to read:
178.01 PURPOSES.
The purposes of this chapter are: to open to young all people
regardless of race, sex, creed, color or national origin, the opportunity to
obtain training and on-the-job learning that will equip them for profitable
employment and citizenship; to establish as a means to this end, a program of
voluntary apprenticeship under approved apprentice apprenticeship
agreements providing facilities for their training and guidance in the arts,
skills, and crafts of industry and trade or occupation, with concurrent,
supplementary instruction in related subjects; to promote apprenticeship
opportunities under conditions providing adequate training and on-the-job
learning and reasonable earnings; to relate the supply of skilled workers to
employment demands; to establish standards for apprentice training; to
establish an Apprenticeship Board and apprenticeship committees to assist in
effectuating the purposes of this chapter; to provide for a Division of Labor
Standards and Apprenticeship within the Department of Labor and Industry; to
provide for reports to the legislature regarding the status of apprentice
training in the state; to establish a procedure for the determination of apprentice
apprenticeship agreement controversies; and to accomplish related ends.
Sec. 2. Minnesota
Statutes 2010, section 178.03, subdivision 3, is amended to read:
Subd. 3. Duties and functions. The director, under the supervision of
the commissioner, and with the advice and consultation of the Apprenticeship
Board, is authorized: to administer the
provisions of this chapter; to promote apprenticeship and other forms of
on-the-job learning; to establish, in cooperation and consultation with the
Apprenticeship Board and with the apprenticeship committees, conditions,
training, and learning standards for the approval of apprenticeship programs
and agreements, which conditions and standards shall in no case be lower than
those (1) prescribed by this chapter, and (2) established under Code of Federal
Regulations, title 29, part 29; to promote equal employment opportunity in
apprenticeship and other on-the-job learning and to establish a Minnesota plan
for equal employment opportunity in apprenticeship which shall be consistent
with standards established under Code of Federal Regulations, title 29, part
30, as amended; to issue certificates of registration to sponsors of approved
apprenticeship programs; to act as secretary of the Apprenticeship Board; to approve,
if of the opinion that approval is for the best interest of the apprentice, any
apprenticeship agreement which meets the standards established hereunder; to
terminate any apprenticeship agreement in accordance with the provisions of
such agreement; to keep a record of apprenticeship agreements and their
disposition; to issue certificates of completion of apprenticeship; and to
perform such other duties as the commissioner deems necessary to carry out the
intent of this chapter; provided, that the administration and supervision of
supplementary instruction in related subjects for apprentices; coordination of
instruction on a concurrent basis with job experiences, and the selection and
training of teachers and coordinators for such instruction shall be the
function of state and local boards responsible for vocational education. The director shall have the authority to make
wage determinations applicable to the graduated schedule of wages and journeyman
journeyworker wage rate for apprenticeship agreements, giving
consideration to the existing wage rates prevailing throughout the state,
except that no wage determination by the director shall alter an existing wage
provision for apprentices or journeymen that is contained in a bargaining
agreement in effect between an employer and an organization of employees, nor
shall the director make any determination for the beginning rate for an
apprentice that is below the wage minimum established by federal or state law.
Sec. 3. Minnesota
Statutes 2010, section 178.03, subdivision 4, is amended to read:
Subd. 4. Reciprocity approval. The director, if requested by a
sponsoring entity, shall grant reciprocity approval to apprenticeship programs
of employers and unions who jointly form a sponsoring entity on a multistate
basis in other than the building construction industry if such programs are in
conformity with this chapter and have been registered in compliance with Code
of Federal Regulations, title 29, part 29, by a state apprenticeship council
recognized by or registered with the Bureau of Apprenticeship and Training,
United States Department of Labor, Office of Apprenticeship, when such
approval is necessary for federal purposes under Code of Federal Regulations,
title 29, section 29.13(a) or 29.13(b)(7).
Sec. 4. Minnesota
Statutes 2010, section 178.05, subdivision 1, is amended to read:
Subdivision 1. Establishment of committees. Apprenticeship committees may be
established by the director to supervise the operation of apprenticeship
programs. Establishment of a committee
may be considered justified if either of the following conditions are met:
(a) When the employers and employees in a trade or
occupation or trades or occupations are parties to a collective
bargaining agreement requiring joint participation in program operation; or
(b) When five or more apprentices are enrolled under a
program.
Sec. 5. Minnesota
Statutes 2010, section 178.05, subdivision 2, is amended to read:
Subd. 2. Members.
(a) The total number of members on a committee may range from four
to twelve.
(b) In joint participation there shall be equal
representation of employers and employees.
(c) Members shall be selected by the group or groups they
represent subject to approval by the director.
(d) A committee may have as one of its employee
representatives, an active apprentice of record, provided that the apprentice
has completed a minimum of 6,000 hours of an apprenticeship term or has entered
the fourth year of the term.
Sec. 6. Minnesota
Statutes 2010, section 178.06, is amended to read:
178.06 APPRENTICE.
The term "apprentice," as used herein, means a
person at least 16 years of age who has entered into a written agreement,
hereinafter called an apprentice apprenticeship agreement, with a
committee, an employer, an association of employers, or an organization of
employees, which apprentice agreement provides for learning
consistent with this chapter and Code of Federal Regulations, title 29, section
29.5(b)(1) and (b)(2):
(1) a time-based approach involving not less than 2,000
hours or one year of reasonably continuous employment for such person and for
participation in an approved program of on-the-job learning through employment
and through concurrent, supplementary education in related subjects;
(2) a competency-based approach involving successful
demonstration of acquired skills and knowledge by an apprentice plus on-the-job
learning; or
(3) a hybrid approach involving the completion of a
specified minimum number of hours plus the successful demonstration of
competency.
Whenever a minimum age exceeding 16 years is prescribed by
federal or state law to apply to workers in certain hazardous occupations, the
minimum age so prescribed shall be applicable to apprentices.
Sec. 7. Minnesota
Statutes 2010, section 178.07, is amended to read:
178.07 APPRENTICE
APPRENTICESHIP AGREEMENTS.
Every apprentice apprenticeship agreement
entered into under this chapter shall contain:
(1) the names of the contracting parties;
(2) the date of birth, and information as to the race and
sex of the apprentice;
(3) a statement of the trade, craft, occupation, or
business which the apprentice is to be taught, and the time at which the
apprenticeship will begin and end;
(4) a statement showing the number of hours to be spent by
the apprentice in work and the number of hours to be spent in concurrent,
supplementary instruction in related subjects, which instruction shall be not
less than 144 hours during each year of the apprenticeship term. The maximum number of hours of work per week
not including time spent in related and supplemental instruction for any
apprentice shall not exceed either the number prescribed by law or the
customary regular number of hours per week for the employees of the company by
which the apprentice is employed. An
apprentice may be allowed to work overtime provided that the overtime work does
not conflict with supplementary instruction course attendance. All time in excess of the number of hours of
work per week as specified in the apprenticeship agreement shall be considered
overtime. For overtime, the apprentice's
rate of pay shall be increased by the same percentage as the journeyman's
journeyworker's rate of pay for overtime is increased in the same
industry or establishment;
(5) a statement setting forth a schedule of the processes in
the trade, occupation, or industry divisions in which the apprentice is
to be taught and the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid
the apprentice and whether the required school time shall be compensated;
(7) a statement providing for a period of probation of not
more than 500 hours of employment and instruction extending over not more than
four months, during which time the apprentice apprenticeship
agreement shall be terminated by the director upon written request of either
party, and providing that after such probationary period the apprentice apprenticeship
agreement may be terminated by the director by mutual agreement of all parties
thereto, or terminated by the director for good and sufficient reason;
(8) a provision that controversies or differences concerning
the terms of the apprentice apprenticeship agreement which cannot
be resolved by the parties thereto, or which are not covered by a collective
bargaining agreement, may be submitted to the director for determination as
provided for in section 178.09;
(9) a provision that an employer who is unable to fulfill an
obligation under the apprentice apprenticeship agreement may,
with the approval of the director, transfer such contract to any other
employer, provided that the apprentice consents and that such other employer
agrees to assume the obligations of the apprentice apprenticeship
agreement; and
(10) such additional terms and conditions as may be
prescribed or approved by the director not inconsistent with the provisions of
this chapter.
Sec. 8. Minnesota
Statutes 2010, section 178.08, is amended to read:
178.08 DIRECTOR TO
APPROVE APPRENTICE APPRENTICESHIP AGREEMENTS.
Every apprentice apprenticeship agreement is
subject to approval by the director and shall be signed by the committee, the
employer, an association of employers, or an organization of employees, and by
the apprentice, and if the apprentice is a minor, by a parent or legal guardian. When a minor enters into an apprentice
apprenticeship agreement under this chapter for a period of learning
extending into majority the apprentice apprenticeship agreement
shall likewise be binding for such a period as may be covered during the
apprentice's majority.
Sec. 9. Minnesota
Statutes 2010, section 178.09, subdivision 1, is amended to read:
Subdivision 1. Complaint.
Upon the complaint of any interested person or upon the director's
own initiative the director may investigate to determine if there has been a
violation of the terms of an apprentice apprenticeship agreement
made under this chapter. The director
may conduct such proceedings as are necessary for that investigation and
determination. All such proceedings
shall be on a fair and impartial basis and shall be conducted according to
rules promulgated under section 178.041.
Sec. 10. Minnesota
Statutes 2010, section 178.09, subdivision 2, is amended to read:
Subd. 2. Determination; appeal. The determination of the director shall
be filed with the commissioner and written notice shall be served on all
parties affected by it. Any person
aggrieved by any determination or action of the director may appeal to the
commissioner. If no appeal is filed with
the commissioner within ten days of the date of service, the director's
determination shall become the order of the commissioner. If an appeal is filed, the commissioner shall
appoint and convene a hearing board to be composed of three members of the council
apprenticeship board appointed under section 178.02, one member being a
representative of an employer organization, one representative being a member
of an employee organization, and one member representing the
general public. The
board shall hold a hearing on the appeal after due notice to the interested
parties and shall submit to the commissioner findings of fact and a recommended
decision accompanied by a memorandum of the reasons for it. Within 30 days after submission, the
commissioner may adopt the recommended decision of the board, or disregard the
recommended decision of the board and prepare a decision based on the findings
of fact and accompanied by a memorandum of reasons for that decision. Written notice of the commissioner's
determination and order shall be served on all parties affected by it. Any person aggrieved or affected by any
determination or order of the commissioner may appeal from it to the district
court having jurisdiction at any time within 30 days after the date of the
order by service of a written notice of appeal on the commissioner. Upon service of the notice of appeal, the
commissioner shall file with the court administrator of the district court to
which the appeal is taken a certified copy of the order appealed from, together
with findings of fact on which it is based.
The person serving a notice of appeal shall, within five days after its
service, file it, with proof of service, with the court administrator of the
court to which the appeal is taken. The
district court shall then have jurisdiction over the appeal and it shall be
entered in the records of the district court and tried de novo according to the
applicable rules. Any person aggrieved
or affected by any determination, order, or decision of the district court may
appeal as in other civil cases."
Page 2, line 36, delete ", paragraph (e)"
Page 3, line 3, strike "produce or"
Page 5, line 1, after "parts" insert "1300.0230,
subpart 4;"
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 3, before "amending" insert
"apprenticeship training;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hoppe from the Committee on
Commerce and Regulatory Reform to which was referred:
H. F. No. 2173, A bill for an act relating to
consumer protection; clarifying the definition of home solicitation sale;
amending Minnesota Statutes 2010, section 325G.06, subdivision 2.
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:
S. F. No. 134, A bill for an act relating to
employment; modifying definition of public employee; amending Minnesota
Statutes 2010, section 179A.03, subdivision 14.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 1134, 1992,
2078, 2087 and 2173 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. No. 134 was read for
the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The
following House Files were introduced:
Westrom introduced:
H. F.
No. 2324, A bill for an act relating to real property; reducing the limitations
period for actions affecting title to real estate; amending Minnesota Statutes
2010, sections 365.27, subdivision 3; 541.023, subdivisions 1, 2, 2a, 6, 7.
The bill was read for the first time and referred to the Committee on Civil Law.
Doepke, Norton, Erickson, Loon, Wagenius, Shimanski, Gunther, Moran, Mariani, Liebling, Lohmer, Downey, Kieffer, O'Driscoll, Stensrud, McDonald, Drazkowski, Buesgens, Kahn, Greene, Knuth, Hausman and Gauthier introduced:
H. F. No. 2325, A bill for an act relating to education; prohibiting school districts from holding school on the Thursday and Friday before Labor Day; amending Minnesota Statutes 2010, section 120A.40.
The bill was read for the first time and referred to the Committee on Education Reform.
Downey introduced:
H. F. No. 2326, A bill for an act relating to local government; providing for a longer public notice period in a zoning ordinance or amendment for large projects; amending Minnesota Statutes 2010, section 462.357, subdivision 3, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Benson, M., and Simon introduced:
H. F. No. 2327, A bill for an act relating to elections; modifying certain election administration procedures for individuals who have been convicted of a felony; amending Minnesota Statutes 2010, sections 201.054, subdivision 2, by adding a subdivision; 201.157; 201.275; 204C.14; 241.065, subdivision 2; Minnesota Statutes 2011 Supplement, section 203B.06, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 244.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Beard, Davids, Dill, Eken, Sanders and Vogel introduced:
H. F. No. 2328, A bill for an act relating to taxation; modifying provisions relating to air flight property tax levies, aircraft fuel taxes, and aircraft registration taxes and filing fees; amending Minnesota Statutes 2010, sections 270.075, by adding a subdivision; 296A.09, subdivision 2; 296A.17, subdivision 3; 297A.94; 360.511, by adding a subdivision; 360.531, subdivisions 1, 2, by adding a subdivision; 360.532; 360.57.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Holberg, Dettmer, Mariani, Greiling, Murdock, Kieffer and Tillberry introduced:
H. F. No. 2329, A bill for an act relating to education; clarifying CPR training and instruction requirements; amending Minnesota Statutes 2010, section 120B.236.
The bill was read for the first time and referred to the Committee on Education Reform.
Westrom and Nornes introduced:
H. F. No. 2330, A bill for an act relating to energy; extending the date for allocation of funding to the University of Minnesota for renewable energy research; amending Minnesota Statutes 2011 Supplement, section 116C.779, subdivision 3.
The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.
Slawik and Abeler introduced:
H. F. No. 2331, A bill for an act relating to human services; providing an exception to the absent days limit for certain children; amending Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 7.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Murray introduced:
H. F. No. 2332, A bill for an act relating to taxation; small business investment credit; providing a higher credit percentage for certain investments; amending Minnesota Statutes 2010, section 116J.8737, subdivisions 5, 7; Minnesota Statutes 2011 Supplement, section 116J.8737, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Swedzinski, Cornish and Johnson introduced:
H. F. No. 2333, A bill for an act relating to public safety; specifically including theft of motor fuel in the theft crime; creating a permissive inference regarding theft of motor fuel; modifying the drive-off gas civil liability law; amending Minnesota Statutes 2010, sections 171.175; 332.32; 604.15, subdivision 3, by adding a subdivision; 609.52, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Laine, Abeler and Sanders introduced:
H. F. No. 2334, A bill for an act relating to public employees; authorizing employees of local units of government to participate in group long-term care insurance program; amending Minnesota Statutes 2010, section 43A.318, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations and Elections.
Sanders, Hoppe, Daudt, Simon and Loon introduced:
H. F. No. 2335, A bill for an act relating to debt collectors; amending procedures for licensure of debt collection agencies and registration of individual debt collectors; amending Minnesota Statutes 2010, sections 332.33, subdivisions 4, 7, 8; 332.35; 332.40, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Downey introduced:
H. F. No. 2336, A bill for an act relating to job creation; reducing business property taxes; creating a small business regulatory review board; imposing a moratorium on rulemaking by state agencies except in certain specified instances; amending Minnesota Statutes 2010, section 275.025, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter 14.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Davids introduced:
H. F. No. 2337, A bill for an act relating to property taxes; reducing and eliminating the state general levy; modifying the additional property tax refund; appropriating money; amending Minnesota Statutes 2010, sections 275.025, subdivision 1, by adding a subdivision; 290A.04, subdivision 2h; repealing Minnesota Statutes 2010, section 275.025, subdivisions 1, 2, 4; Minnesota Statutes 2011 Supplement, section 275.025, subdivision 3.
The bill was read for the first time and referred to the Committee on Taxes.
Garofalo; Gunther; Dittrich; Hosch; Kath; Woodard; Benson, J.; Cornish; Beard; Buesgens; Lanning; Anderson, S.; McFarlane; Hamilton; Anderson, P.; Drazkowski; Erickson; Kieffer; McDonald; Torkelson; Bills; Kriesel; Hoppe; Runbeck; Shimanski; Murray; Leidiger; Barrett; Franson; Kiel and Petersen, B., introduced:
H. F. No. 2338, A bill for an act relating to gambling; authorizing the director of the State Lottery to establish gaming machines at a licensed racetrack; imposing a fee on gaming machine revenue; providing powers and duties to the director; dedicating money for education; amending Minnesota Statutes 2010, sections 240.03; 240.13, by adding a subdivision; 240.14, by adding a subdivision; 240.28, subdivision 2; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01, subdivision 10, by adding subdivisions; 349A.10, subdivision 3; 349A.13; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A; repealing Minnesota Statutes 2010, section 240.30, subdivision 8.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Gottwalt; Abeler; Gruenhagen; Franson; Lohmer; Barrett; Drazkowski; Kiffmeyer; Woodard; McDonald; Benson, M.; Wardlow; Beard; Swedzinski; Erickson; Vogel; Quam; Urdahl; Fabian; Anderson, P.; Sanders; Davids; Downey; Runbeck; Torkelson; Banaian and Mack introduced:
H. F. No. 2339, A bill for an act relating to health care; creating a health care compact; proposing coding for new law as Minnesota Statutes, chapter 143.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Holberg; Zellers; Fritz; Gottwalt; Dean; Kiffmeyer; Torkelson; Vogel; Gruenhagen; Dettmer; Quam; Benson, M.; Erickson; Anderson, B.; Urdahl; Gunther; Crawford; Cornish; Myhra; Leidiger; Abeler; Scott; Swedzinski; Ward; Shimanski; Bills; Murdock; Pelowski; Marquart; Koenen; Hosch; Murphy, M.; Eken; LeMieur and Wardlow introduced:
H. F. No. 2340, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Peppin; Gottwalt; Hosch; Abeler; Shimanski; Ward; Gruenhagen; Scott; Crawford; Dettmer; Eken; LeMieur; Wardlow; Anderson, D.; Leidiger; McDonald; Murray; Nornes; Cornish; Bills; Drazkowski; Kiffmeyer; Swedzinski; Woodard; Beard; Kiel; O'Driscoll; Marquart; Benson, M.; Pelowski; Fritz; Anderson, B.; Torkelson and Holberg introduced:
H. F. No. 2341, A bill for an act relating to health; requiring a prescribing physician be physically present when certain abortion-inducing drugs are administered; providing for criminal penalty; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Davids, Pelowski, Sanders, Hilty, O'Driscoll, Shimanski and Koenen introduced:
H. F. No. 2342, A bill for an act relating to insurance; regulating township mutual fire insurance company combination policies; amending Minnesota Statutes 2010, section 67A.191.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Howes, Hackbarth, Dill and McNamara introduced:
H. F. No. 2343, A bill for an act relating to natural resources; enacting the Freedom to Hunt and Fish Act of 2012; requiring the availability of game and fish licenses by electronic transaction; appropriating money; amending Minnesota Statutes 2010, section 84.027, subdivision 15.
The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 392, A bill for an act relating to education; modifying provisions relating to school bus safety and standards; amending Minnesota Statutes 2010, sections 169.4501, subdivisions 1, 2; 169.4503, subdivisions 5, 20, by adding subdivisions; repealing Minnesota Statutes 2010, section 169.454, subdivision 10.
Cal R. Ludeman, Secretary of the Senate
Howes moved that the House refuse to
concur in the Senate amendments to H. F. No. 392, 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.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 576.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF
SENATE BILLS
S. F. No. 576, A bill for an act relating to
agriculture; repealing obsolete provisions on county seed and feed loans;
repealing Minnesota Statutes 2010, sections 395.14; 395.15; 395.16; 395.17;
395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Policy and Finance.
CALENDAR FOR THE DAY
H. F. No. 1870 was reported
to the House.
Kath moved that
H. F. No. 1870 be re-referred to the Committee on Education
Reform.
A roll call was requested and properly
seconded.
The question was taken on the Kath motion
and the roll was called. There were 60
yeas and 70 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail.
Davids and Petersen, B., moved to amend H. F. No. 1870, the first engrossment, as follows:
Page 3, after line 2, insert:
"(d) Nothing in this subdivision permits a school board to use a teacher's remuneration as a basis for making unrequested leave of absence or discharge decisions."
Page 7, line 5, after the period, insert "Nothing in this subdivision permits a school board to use a teacher's remuneration as a basis for making discharge or demotion decisions."
The
motion prevailed and the amendment was adopted.
H. F. No. 1870, A bill for an act relating to education; allowing school districts to base unrequested leave of absence and certain discharge and demotion decisions on teacher evaluation outcomes; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 10, 11, 19; 122A.41, subdivisions 14, 15; 123A.75, subdivision 1; Minnesota Statutes 2011 Supplement, sections 122A.245, subdivision 1; 122A.41, subdivision 6.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 68 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davids
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Johnson
Kahn
Kath
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Smith
Thissen
Tillberry
Urdahl
Wagenius
Ward
Winkler
The bill was passed, as amended, and its title
agreed to.
S. F. No. 247 was reported
to the House.
Hoppe moved to amend S. F. No. 247, the second engrossment, as follows:
Page 3, after line 4, insert:
"If a service cooperative refunds any portion of a health insurance premium to a member entity, the member entity must distribute the refund according to the provisions contained in the entity's collective bargaining agreements."
The
motion prevailed and the amendment was adopted.
S. F. No. 247, A bill for an act relating to insurance; regulating service cooperative refunds; requiring local government employees to approve participation in or withdrawal from the public employees insurance program; amending Minnesota Statutes 2010, sections 43A.316, subdivision 5; 123A.21, by adding a subdivision; 471.611, subdivision 2.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 71 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Benson, M.
Bills
Brynaert
Buesgens
Cornish
Crawford
Daudt
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murray
Myhra
Nornes
Norton
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Carlson
Champion
Clark
Davids
Davnie
Dill
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Smith
Thissen
Tillberry
Urdahl
Wagenius
Ward
Winkler
The bill was passed, as amended, and its
title agreed to.
H. F. No. 1926, A bill for an act relating to agriculture; providing for voluntary certification of good manufacturing practices for commercial feed and feed ingredients; authorizing fees for voluntary certification; modifying rule provisions relating to animal feed; appropriating money; amending Minnesota Statutes 2010, section 25.40, subdivisions 1, 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 25; repealing Minnesota Rules, parts 1510.2220; 1510.2230.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called.
Pursuant to rule 2.05, Woodard was excused from voting on the final passage of H. F. No. 1926.
There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
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
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
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
McNamara
Melin
Moran
Morrow
Mullery
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
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Spk. Zellers
The bill was
passed and its title agreed to.
Dean moved that the remaining bills on the
Calendar for the Day be continued. The
motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 392:
Howes, Sanders and Ward.
MOTIONS AND RESOLUTIONS
Clark moved that the name of Allen be
added as an author on H. F. No. 307. The motion prevailed.
Smith moved that the names of Liebling and
Lesch be added as authors on H. F. No. 876. The motion prevailed.
Hortman moved that the name of Morrow be
added as an author on H. F. No. 1429. The motion prevailed.
Gunther moved that the name of Westrom be
added as an author on H. F. No. 1721. The motion prevailed.
Melin moved that the name of Smith be
added as an author on H. F. No. 1793. The motion prevailed.
Cornish moved that the name of Smith be
added as an author on H. F. No. 1829. The motion prevailed.
Clark moved that the name of Allen be
added as an author on H. F. No. 1885. The motion prevailed.
Clark moved that the name of Allen be
added as an author on H. F. No. 1886. The motion prevailed.
Clark moved that the name of Allen be
added as an author on H. F. No. 1887. The motion prevailed.
Hilstrom moved that the name of Smith be
added as an author on H. F. No. 1958. The motion prevailed.
Downey moved that the name of Lohmer be
added as an author on H. F. No. 2002. The motion prevailed.
Nornes moved that the name of Westrom be
added as an author on H. F. No. 2008. The motion prevailed.
Kriesel moved that the name of Smith be
added as an author on H. F. No. 2100. The motion prevailed.
Atkins moved that the name of Smith be
added as an author on H. F. No. 2137. The motion prevailed.
Simon moved that the name of Smith be
added as an author on H. F. No. 2149. The motion prevailed.
Beard moved that the name of Woodard be
added as an author on H. F. No. 2190. The motion prevailed.
Slawik moved that the name of Greiling be
added as an author on H. F. No. 2219. The motion prevailed.
Torkelson moved that the name of Fritz be
added as an author on H. F. No. 2229. The motion prevailed.
O'Driscoll moved that the names of
Anderson, S., and Rukavina be added as authors on
H. F. No. 2244. The
motion prevailed.
Mahoney moved that the name of Marquart be
added as an author on H. F. No. 2277. The motion prevailed.
Laine moved that the name of Knuth be
added as an author on H. F. No. 2281. The motion prevailed.
Loon moved that the name of Knuth be added
as an author on H. F. No. 2286.
The motion prevailed.
Franson moved that
H. F. No. 1556 be recalled from the Committee on Health and
Human Services Reform and be re-referred to the Committee on Health and Human
Services Finance. The motion prevailed.
Peppin moved that
H. F. No. 2097 be recalled from the Committee on Health and
Human Services Reform and be re-referred to the Committee on Health and Human
Services Finance. The motion prevailed.
Abeler moved that
H. F. No. 2116 be recalled from the Committee on Health and
Human Services Reform and be re-referred to the Committee on Health and Human
Services Finance. The motion prevailed.
Abeler moved that
H. F. No. 2230 be recalled from the Committee on Health and
Human Services Reform and be re-referred to the Committee on Health and Human
Services Finance. The motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 3:00 p.m., Monday, February 20, 2012. 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 20, 2012.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives