Journal of the House - 75th Day - Monday, February 20, 2012

A quorum was present.

Abeler, Johnson and Tillberry 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

Beard from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 518, A bill for an act relating to transportation; limiting authority of commissioner of transportation to adopt rules for county state-aid roads and municipal state-aid streets; abolishing provision promoting complete streets policies for local road authorities; amending Minnesota Statutes 2010, sections 162.02, subdivisions 1, 2, 10; 162.021, subdivision 1; 162.07, subdivision 2; 162.09, subdivisions 1, 2; 162.13, subdivision 2; repealing Minnesota Statutes 2010, sections 162.02, subdivisions 3, 3a, 3b; 162.09, subdivisions 3, 3a; 162.155; 174.75, subdivision 4; Laws 2010, chapter 351, section 72; Minnesota Rules, parts 8820.2500; 8820.2700; 8820.3100, subparts 1, 2, 5, 6, 7a, 8, 9a, 10; 8820.3300; 8820.3400; 8820.4060; 8820.9920; 8820.9922; 8820.9926, subpart 1; 8820.9936; 8820.9946; 8820.9956; 8820.9961; 8820.9981; 8820.9986; 8820.9990; 8820.9995.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:

Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated by the commissioner acting with the advice of a committee selected by the several county boards acting through the officers of the statewide association of county commissioners. The committee shall be composed of nine members so selected that each member shall be from a different state highway construction district. Not more than five of the nine members of the committee shall be county commissioners. The remaining members shall be county highway engineers. In the event that agreement cannot be reached on any rule, the commissioner's determination shall be final. The rules shall be printed and copies forwarded to the county engineers of the several counties. ~~For the purposes of this section, the expedited process for adopting rules established in section 14.389 may be used.~~

(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

Sec. 2. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:

Subd. 3. Rules have force of law. The rules ~~shall~~ have the force and effect of law ~~upon compliance with the provisions of sections 14.05 to 14.28~~ as provided in chapter 14.

Sec. 3. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:

Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated by the commissioner acting with the advice of a committee selected by the governing bodies of such cities, acting through the officers of the statewide association of municipal officials. The committee shall be composed of 12 members, so selected that there shall be one member from each state highway construction district and in addition one member from each city of the first class. Not more than six members of the committee shall be elected officials of the cities. The remaining members of the committee shall be city engineers. In the event that agreement cannot be reached on any rule the commissioner's determination shall be final. The rules shall be printed and copies forwarded to the clerks and engineers of the cities. ~~For the purposes of this section, the expedited process for adopting rules established in section 14.389 may be used.~~

(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

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Sec. 4. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:

Subd. 3. Rules have force of law. The rules ~~shall~~ have the force and effect of law ~~upon compliance with the provisions of sections 14.05 to 14.28~~ as provided in chapter 14.

Sec. 5. Minnesota Statutes 2010, section 162.155, is amended to read:

162.155 ~~RULES FOR VARIANCES~~ RULEMAKING.

(a) The commissioner shall adopt rules~~, no later than January 1, 1980, in accordance with sections 15.041 to 15.052,~~ setting forth the criteria to be considered by the commissioner in evaluating requests for variances under sections 162.02, subdivision 3a and 162.09, subdivision 3a. The rules ~~shall~~ must include, but are not limited to, economic, engineering and safety guidelines.

(b) The commissioner shall adopt rules establishing the engineering standards ~~adopted pursuant to section~~ for cost estimation under sections 162.07, subdivision 2, or and 162.13, subdivision 2~~, shall be adopted pursuant to the requirements of chapter 15 by July 1, 1980~~.

(c) The rules adopted by the commissioner under this section and sections 162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that, notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or superseded by other law or rule.

Sec. 6. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is amended to read:

Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with respect to highways under the commissioner's jurisdiction, may charge a fee for each permit issued. Unless otherwise specified, all such fees for permits issued by the commissioner of transportation shall be deposited in the state treasury and credited to the trunk highway fund. Except for those annual permits for which the permit fees are specified elsewhere in this chapter, the fees shall be:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued for like loads carried on a specific route for a period not to exceed two months. "Like loads" means loads of the same product, weight, and dimension.

(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:

(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or well-being of the public;

(2) motor vehicles which travel on interstate highways and carry loads authorized under subdivision 1a;

(3) motor vehicles operating with gross weights authorized under section 169.826, subdivision 1a;

(4) special pulpwood vehicles described in section 169.863;

(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;

(6) noncommercial transportation of a boat by the owner or user of the boat;

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(7) motor vehicles carrying bales of agricultural products authorized under section 169.862; and

(8) special milk-hauling vehicles authorized under section 169.867.

(d) $120 for an oversize annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes and manufactured storage buildings;

(4) implements of husbandry;

(5) double-deck buses;

(6) commercial boat hauling and transporting waterfront structures, including, but not limited to, portable boat docks and boat lifts;

(7) three-vehicle combinations consisting of two empty, newly manufactured trailers for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer only while operating on twin-trailer routes designated under section 169.81, subdivision 3, paragraph (c); and

(8) vehicles operating on that portion of marked Trunk Highway 36 described in section 169.81, subdivision 3, paragraph (e).

(e) For vehicles which have axle weights exceeding the weight limitations of sections 169.823 to 169.829, an additional cost added to the fees listed above. However, this paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in that paragraph, and then the additional cost is for all weight, including the allowance weight, in excess of the permitted maximum axle weight. The additional cost is equal to the product of the distance traveled times the sum of the overweight axle group cost factors shown in the following chart:

	Overweight Axle Group Cost Factors

		Cost Per Mile For Each Group Of:
Weight (pounds) exceeding weight limitations on axles
Weight (pounds) exceeding weight limitations on axles		Two consecutive axles spaced within 8 feet or less	Three consecutive axles spaced within 9 feet or less	Four consecutive axles spaced within 14 feet or less

0 - 2,000		.12	.05	.04
2,001 - 4,000		.14	.06	.05
4,001 - 6,000		.18	.07	.06
6,001 - 8,000		.21	.09	.07
8,001 - 10,000		.26	.10	.08
10,001 - 12,000		.30	.12	.09
12,001 - 14,000		Not permitted	.14	.11
14,001 - 16,000		Not permitted	.17	.12
Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5627 16,001 - 18,000		Not permitted	.19	.15
18,001 - 20,000		Not permitted	Not permitted	.16
20,001 - 22,000		Not permitted	Not permitted	.20

The amounts added are rounded to the nearest cent for each axle or axle group. The additional cost does not apply to paragraph (c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed in addition to the normal permit fee. Miles must be calculated based on the distance already traveled in the state plus the distance from the point of detection to a transportation loading site or unloading site within the state or to the point of exit from the state.

(f) As an alternative to paragraph (e), an annual permit may be issued for overweight, or oversize and overweight, mobile cranes; construction equipment, machinery, and supplies; implements of husbandry; and commercial boat hauling. The fees for the permit are as follows:

Gross Weight (pounds) of Vehicle		Annual Permit Fee

90,000 or less		$200
90,001 - 100,000		$300
100,001 - 110,000		$400
110,001 - 120,000		$500
120,001 - 130,000		$600
130,001 - 140,000		$700
140,001 - 145,000		$800

If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined under paragraph (e).

(g) For vehicles which exceed the width limitations set forth in section 169.80 by more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) when the permit is issued while seasonal load restrictions pursuant to section 169.87 are in effect.

(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.

(i) $300 for a motor vehicle described in section 169.8261. The fee under this paragraph must be deposited as follows:

~~(1) in fiscal years 2005 through 2010:~~

~~(i)~~ (1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for costs related to administering the permit program and inspecting and posting bridges; and

~~(ii)~~ (2) all remaining money in each fiscal year must be deposited in a the bridge inspection and signing account ~~in the special revenue fund. Money in the account is appropriated to the commissioner for:~~ as provided under subdivision 5a.

~~(A) inspection of local bridges and identification of local bridges to be posted, including contracting with a consultant for some or all of these functions; and~~

~~Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5628~~

~~(B) erection of weight-posting signs on local bridges; and~~

~~(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway fund.~~

(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

Sec. 7. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision to read:

Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge inspection and signing account is established in the special revenue fund. The account consists of fees for special permits as specified under this chapter, and any other money donated, allotted, transferred, or otherwise provided to the account.

(b) The revenue in the bridge inspection and signing account under this subdivision is annually appropriated to the commissioner for:

(1) inspection of local bridges and identification of local bridges to be posted, including contracting with a consultant for some or all of these functions; and

(2) erection of weight-posting signs on local bridges.

Sec. 8. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:

Subd. 4. Deposit of revenues~~; appropriation~~. ~~(a)~~ Revenue from the permits issued by the commissioner under this section must be deposited:

~~(1) in fiscal years 2008 through 2011,~~ in the bridge inspection and signing account ~~in the special revenue fund; and~~ as provided under section 169.86, subdivision 5a.

~~(2) in fiscal year 2012 and subsequent years, in the trunk highway fund.~~

~~(b) The revenue in the bridge inspection and signing account under this section is annually appropriated to the commissioner for:~~

~~(1) inspection of local bridges and identification of local bridges to be posted, including contracting with a consultant for some or all of these functions; and~~

~~(2) erection of weight-posting signs on local bridges.~~

Sec. 9. WATER PERMITTING PROCESSES FOR TRANSPORTATION PROJECTS; REPORT.

By November 15, 2012, the commissioners of transportation, natural resources, and the Pollution Control Agency, in consultation with local road authorities and the Board of Water and Soil Resources, shall submit recommendations to the house of representatives and senate committees and divisions with primary jurisdiction over environment and natural resources policy and finance and transportation policy and finance on how water-related permitting for transportation projects can best be streamlined through creation of a single point of issuance system. The recommendations shall:

(1) outline a single point of issuance system in which road authorities applying for state water permits would interact with a single state agency serving as the sole intermediary on behalf of all state agencies with an interest in a road authority's water permit application;

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(2) provide a goal for the maximum number of days necessary to issue final water permitting decisions;

(3) identify how state entities with current oversight authority over water permitting decisions would allocate resources to accommodate a single point of issuance system; and

(4) suggest strategies to enhance the coordination of federal and state water permitting information gathering and decision making."

Delete the title and insert:

"A bill for an act relating to transportation; governing rulemaking and permits; amending rulemaking authority for state-aid program; amending allocation of funds from certain overdimension motor vehicle permits; requiring a legislative report on water permitting process for transportation projects; making clarifying and technical changes; amending Minnesota Statutes 2010, sections 162.02, subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5."

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

The report was adopted.

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

H. F. No. 1254, A bill for an act relating to real property; expanding and defining certain residential property rights; modifying certain association vote and lien provisions of the Minnesota Common Interest Ownership Act; amending Minnesota Statutes 2010, sections 500.215; 515B.2-119; 515B.2-123; 515B.2-124; 515B.3-113; 515B.3-116; proposing coding for new law in Minnesota Statutes, chapter 500.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 500.215, subdivision 2, is amended to read:

Subd. 2. Exceptions. (a) This section does not prohibit limitations narrowly tailored to protect health or safety.

(b) This section does not prohibit limitations that restrict:

(1) the size of the flag to be displayed to a size customarily used on residential property;

(2) the installation and display of the flag to a portion of the residential property to which the person who displays the flag has exclusive use, provided that a limitation must not restrict the right of an owner of a detached single-family dwelling to install a flagpole on real property to which the owner has exclusive use, subject to clauses (1) and (3); or

(3) illuminating the flag.

(c) This section does not prohibit a requirement that the flag be displayed in a legal manner under Minnesota law, that the flag be in good condition and not altered or defaced, or that the flag not be affixed in a permanent manner to that portion of property to be maintained by others or in a way that causes more than inconsequential damage to others' property. A person who causes damage is liable for the repair costs.

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Sec. 2. [500.216] LIMITS ON CERTAIN RESIDENTIAL PROPERTY RIGHTS PROHIBITED; SIGNS.

Subdivision 1. Political campaign signs. (a) Any provision of any homeowners association document that limits the right of an owner of a townhome or single-family dwelling to display a political campaign sign during the calendar dates specified in section 211B.045 is void and unenforceable.

(b) "Homeowners association document" includes the declaration, articles of incorporation, bylaws, and rules and regulations of:

(1) a common interest community, as defined in section 515B.1-103(10), regardless of whether the common interest community is subject to chapter 515B; and

(2) a residential community that is not a common interest community, as defined in section 515B.1-103(10).

Subd. 2. Exceptions. (a) This section does not prohibit limitations narrowly tailored to protect health or safety.

(b) This section does not prohibit limitations that restrict:

(1) the size of a sign to be displayed to a size customarily used on residential property;

(2) the installation and display of a sign to a portion of the residential property to which the person who displays the sign has exclusive use; or

(3) illuminating a sign.

(c) This section does not prohibit a requirement that a sign be displayed in a legal manner under Minnesota law, that the sign be in good condition and not altered or defaced, or that the sign not be affixed in a permanent manner to that portion of property to be maintained by another person or in a way that causes more than inconsequential damage to another person's property. A person who causes damage is liable for the repair costs.

Subd. 3. Recovery of attorney fees. If an owner of residential property is denied a right provided by this section, the owner is entitled to recover, from the party who denied the right, reasonable attorney fees and expenses if the owner prevails in enforcing the right. If a sign is installed or displayed in violation of an enforceable restriction or limitation, the party enforcing the restriction or limitation is entitled to recover, from the party displaying the sign, reasonable attorney fees and expenses if the enforcing party prevails in enforcing the restriction or limitation.

Subd. 4. Applicability. (a) This section applies to all homeowners association documents executed on or after August 1, 2012.

(b) An association governed by a homeowners association document executed before August 1, 2012 may retain existing restrictions that conflict with this section by affirmative vote of the association, conducted no later than July 30, 2013. If a vote to retain the existing restrictions is unsuccessful or is not conducted by that date, the prohibitions contained in this section apply to the association's homeowners association document effective August 1, 2013.

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Sec. 3. Minnesota Statutes 2010, section 515B.3-116, is amended to read:

515B.3-116 LIEN FOR ASSESSMENTS.

(a) The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Unless the declaration otherwise provides, fees, charges, late charges, ~~fines~~ and interest charges pursuant to section 515B.3-102(a)(10), (11) and (12) are liens, and are enforceable as assessments, under this section. Recording of the declaration constitutes record notice and perfection of any assessment lien under this section, and no further recording of any notice of or claim for the lien is required.

(b) Subject to subsection (c), a lien under this section is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes, or takes subject to, (ii) any first mortgage encumbering the fee simple interest in the unit, or, in a cooperative, any first security interest encumbering only the unit owner's interest in the unit, (iii) liens for real estate taxes and other governmental assessments or charges against the unit, and (iv) a master association lien under section 515B.2-121(h). This subsection shall not affect the priority of mechanic's liens.

(c) If a first mortgage on a unit is foreclosed, the first mortgage was recorded after June 1, 1994, and no owner or person who acquires the owner's interest in the unit redeems pursuant to chapter 580, 581, or 582, the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage or any person who acquires title to the unit by redemption as a junior creditor shall take title to the unit subject to a lien in favor of the association for unpaid assessments for common expenses levied pursuant to section 515B.3-115(a), (e)(1) to (3), (f), and (i) which became due, without acceleration, during the six months immediately preceding the end of the owner's period of redemption. The common expenses shall be based upon the association's then current annual budget, notwithstanding the use of an alternate common expense plan under section 515B.3-115(a)(2). If a first security interest encumbering a unit owner's interest in a cooperative unit which is personal property is foreclosed, the secured party or the purchaser at the sale shall take title to the unit subject to unpaid assessments for common expenses levied pursuant to section 515B.3-115(a), (e)(1) to (3), (f), and (i) which became due, without acceleration, during the six months immediately preceding the first day following either the disposition date pursuant to section 336.9-610 or the date on which the obligation of the unit owner is discharged pursuant to section 336.9-622.

(d) Proceedings to enforce an assessment lien shall be instituted within three years after the last installment of the assessment becomes payable, or shall be barred.

(e) The unit owner of a unit at the time an assessment is due shall be personally liable to the association for payment of the assessment levied against the unit. If there are multiple owners of the unit, they shall be jointly and severally liable.

(f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien nor prohibit an association from taking a deed in lieu of foreclosure.

(g) The association shall furnish to a unit owner or the owner's authorized agent upon written request of the unit owner or the authorized agent a statement setting forth the amount of unpaid assessments currently levied against the owner's unit. If the unit owner's interest is real estate, the statement shall be in recordable form. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and every unit owner.

(h) The association's lien may be foreclosed as provided in this subsection.

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(1) In a condominium or planned community, the association's lien may be foreclosed in a like manner as a mortgage containing a power of sale pursuant to chapter 580, or by action pursuant to chapter 581. The association shall have a power of sale to foreclose the lien pursuant to chapter 580.

(2) In a cooperative whose unit owners' interests are real estate, the association's lien shall be foreclosed in a like manner as a mortgage on real estate as provided in paragraph (1).

(3) In a cooperative whose unit owners' interests in the units are personal property, the association's lien shall be foreclosed in a like manner as a security interest under article 9 of chapter 336. In any disposition pursuant to section 336.9-610 or retention pursuant to sections 336.9-620 to 336.9-622, the rights of the parties shall be the same as those provided by law, except (i) notice of sale, disposition, or retention shall be served on the unit owner 90 days prior to sale, disposition, or retention, (ii) the association shall be entitled to its reasonable costs and attorney fees not exceeding the amount provided by section 582.01, subdivision 1a, (iii) the amount of the association's lien shall be deemed to be adequate consideration for the unit subject to disposition or retention, notwithstanding the value of the unit, and (iv) the notice of sale, disposition, or retention shall contain the following statement in capital letters with the name of the association or secured party filled in:

"THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of association or secured party) HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF THIS NOTICE ON YOU UNLESS BEFORE THEN:

(a) THE PERSON AUTHORIZED BY (fill in the name of association or secured party) AND DESCRIBED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:

(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS

(2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS

(3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR INCURRED; PLUS

(4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO (fill in name of association or secured party) AFTER THE DATE OF THIS NOTICE; OR

(b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.

IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY."

(4) In any foreclosure pursuant to chapter 580, 581, or 582, the rights of the parties shall be the same as those provided by law, except (i) the period of redemption for unit owners shall be six months from the date of sale or a lesser period authorized by law, (ii) in a foreclosure by advertisement under chapter 580, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys fees authorized by the declaration or bylaws, notwithstanding the provisions of section 582.01, subdivisions 1 and 1a, (iii) in a foreclosure by action under chapter

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581, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys fees as the court shall determine, and (iv) the amount of the association's lien shall be deemed to be adequate consideration for the unit subject to foreclosure, notwithstanding the value of the unit.

(5) Minor violations of the declaration, bylaws, or rules and regulations of the association for which late charges, interest, or fines are imposed under section 515B.3-102(a)(11) may not be the basis for initiating a foreclosure proceeding under this section.

(i) If a holder of a sheriff's certificate of sale, prior to the expiration of the period of redemption, pays any past due or current assessments, or any other charges lienable as assessments, with respect to the unit described in the sheriff's certificate, then the amount paid shall be a part of the sum required to be paid to redeem under section 582.03.

(j) In a cooperative, if the unit owner fails to redeem before the expiration of the redemption period in a foreclosure of the association's assessment lien, the association may bring an action for eviction against the unit owner and any persons in possession of the unit, and in that case section 504B.291 shall not apply.

(k) An association may assign its lien rights in the same manner as any other secured party."

Delete the title and insert:

"A bill for an act relating to real property; expanding and defining certain residential property rights; modifying certain association lien provisions of the Minnesota Common Interest Ownership Act; amending Minnesota Statutes 2010, sections 500.215, subdivision 2; 515B.3-116; proposing coding for new law in Minnesota Statutes, chapter 500."

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Regulatory Reform without further recommendation.

The report was adopted.

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

H. F. No. 1711, A bill for an act relating to public safety; modifying certain provisions regarding the Forensic Laboratory Advisory Board; amending Minnesota Statutes 2010, section 299C.156.

Reported the same back with the following amendments:

Page 2, line 15, delete the new language

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Beard from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 1835, A bill for an act relating to public safety; expanding the list of colors that vehicles operated by sheriffs may be painted; amending Minnesota Statutes 2010, section 169.98, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

The report was adopted.

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

H. F. No. 1872, A bill for an act relating to notaries public; repealing certain maximum fees; repealing Minnesota Statutes 2010, section 357.17.

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

The report was adopted.

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

H. F. No. 1938, A bill for an act relating to corrections; authorizing the fugitive apprehension unit to apply for search warrants; amending Minnesota Statutes 2010, sections 241.025, subdivision 2; 626.05, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

The report was adopted.

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

H. F. No. 1945, A bill for an act relating to crime; modifying the penalty for criminal neglect; amending Minnesota Statutes 2010, section 609.233, subdivision 1, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 609.233, is amended to read:

609.233 CRIMINAL NEGLECT.

Subdivision 1. Gross misdemeanor crime. A caregiver or operator who intentionally neglects a vulnerable adult or knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor. For purposes of this section, "abuse" has the meaning given in section 626.5572, subdivision 2, and "neglect" means a failure to provide a vulnerable adult with necessary food, clothing, shelter, health care, or supervision.

Subd. 1a. Felony deprivation. A caregiver or operator who intentionally deprives a vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the caregiver or operator is reasonably able to make the necessary provisions is guilty of a felony and may be sentenced as provided in subdivision 2a, if:

(1) the caregiver or operator knows or has reason to know the deprivation could likely result in substantial bodily harm or great bodily harm to the vulnerable adult; or

(2) the deprivation occurred over an extended period of time.

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Subd. 2. Exemptions. A vulnerable adult is not neglected or deprived under subdivision 1 or 1a for the sole reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, 253B.03, or 524.5-101 to 524.5-502, or chapter 145B, 145C, or 252A, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;

(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult; or

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.

Subd. 2a. Penalties. A person who violates subdivision 1a may be sentenced as follows:

(1) if the conduct results in great bodily harm to the vulnerable adult, imprisonment for not more than ten years or payment of a fine of not more than $10,000, or both; or

(2) if the conduct results in substantial bodily harm to the vulnerable adult, imprisonment for not more than five years or payment of a fine of not more than $5,000, or both.

Subd. 2b. Affirmative defenses. It shall be an affirmative defense to a prosecution under subdivision 1 or 1a, if proven by a preponderance of evidence, that:

(1) the defendant is an individual employed by a facility or operator and does not have managerial or supervisory authority, and was unable to reasonably make the necessary provisions due to inadequate staffing levels, inadequate supervision, or institutional policies;

(2) the defendant is a facility, operator, or an employee of a facility or operator in a position of managerial or supervisory authority, and did not knowingly, intentionally, or recklessly permit criminal acts by its employees or agents that resulted in the harm to the vulnerable adult; or

(3) the defendant is a caregiver and failed to perform acts necessary to prevent the applicable level of harm, if any, to the vulnerable adult because the caregiver was acting reasonably and necessarily to provide care to another identified vulnerable adult.

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

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5636

Delete the title and insert:

"A bill for an act relating to public safety; adding a felony-level penalty and affirmative defenses to the vulnerable adult neglect crime; amending Minnesota Statutes 2010, section 609.233."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

The report was adopted.

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

H. F. No. 1954, A bill for an act relating to local governments; requiring counties and certain cities to report additional budgetary information; amending Minnesota Statutes 2010, section 275.065, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 471.

Reported the same back with the following amendments:

Page 6, line 5, delete "OBJECT CODE" and insert "EXPENDITURE TYPE"

Page 6, line 23, delete "object"

Page 6, line 24, delete "code" and insert "expenditure type"

Page 6, line 26, after the period, insert "The projected data for the proposed budget adopted on September 15 as required under section 275.065, subdivision 1, shall include at a minimum the overall projected budget increase, and where possible an estimated breakdown of the projected revenues and expenditures by function as specified in paragraph (c), and where possible an estimated breakdown of the projected expenditures by expenditure type as specified in paragraph (d)."

Page 7, line 3, delete "object code" and insert "expenditure type"

Page 7, line 10, delete "object codes" and insert "expenditure types"

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

The report was adopted.

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

H. F. No. 1975, A bill for an act relating to state government; removing restrictions relating to outside contracts; amending Minnesota Statutes 2010, sections 16C.08, subdivision 2; 16C.09; 136F.77, subdivision 3; repealing Minnesota Statutes 2010, sections 16C.085; 43A.047; 179A.23.

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.

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5637

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

H. F. No. 1976, A bill for an act relating to state government; requiring state appointing authorities to use the federal E-Verify program; proposing coding for new law in Minnesota Statutes, chapter 43A.

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.

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

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.

Reported the same back with the following amendments:

Page 1, after line 14, insert:

"In addition to any other information and resources the state auditor uses to study the feasibility of consolidating counties and rationalizing other internal boundaries of the state, the state auditor shall consider (1) the report and recommendations of the legislative auditor on consolidation of local governments published in 2012, (2) the ideas generated from the 2011 local government innovation forums summarized in the Association of Minnesota Counties' "Focus on Outcomes: Redesigning Minnesota's Local Government Services" along with any background research that went into the forums and report, and (3) the pilot projects that are proposed under the Minnesota Accountable Government Innovation and Collaboration Act, S. F. No. 1340, if enacted in the 2012 legislative session."

Page 1, line 16, delete "2012" and insert "2013"

Page 1, line 18, 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.

Beard from the Committee on Transportation Policy and Finance to which was referred:

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.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

The report was adopted.

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5638

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

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.

Reported the same back with the following amendments:

Page 1, line 10, after "contract" insert "with a private sector firm specializing in compensation studies"

Page 1, line 11, delete "position descriptions" and insert "job classes"

Page 1, line 12, delete "position description" and insert "job class"

Page 1, line 13, delete everything after the period and insert "The comparison must take into account regional and other market-based compensation factors, including the education and experience levels necessary to perform the duties of the job class."

Page 1, delete line 14

Page 1, delete lines 15 to 16 and insert "(b) By July 1, 2013, the commissioner of management and budget, based on the study under paragraph (a), must report to the chairs and ranking minority members of the senate Finance and house Ways and Means Committees, redesigned compensation for each legislative and executive branch job class so that, as nearly as practicable, compensation for each job class is"

Page 1, delete subdivision 2 and insert:

"Subd. 2. Reporting of compensation differences. An appointing authority in the legislative branch, or the commissioner of management and budget for executive branch employees, must report to the chairs and ranking minority members of the senate Finance and house Ways and Means Committees before entering into a new contract or collective bargaining agreement, or implementing a compensation plan in which the compensation for a position is different from the redesigned compensation reported under subdivision 1. A report under this subdivision must, for each job class, describe the difference in compensation between the redesigned compensation reported under subdivision 1 and the proposed compensation under the contract, collective bargaining agreement, or compensation plan."

Page 2, delete subdivision 3

Page 2, line 10, delete "4" and insert "3"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2050, A bill for an act relating to the city of Taylors Falls; authorizing the city of Taylors Falls to establish and exercise border city development zone powers; appropriating money.

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

The report was adopted.

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5639

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2093, A bill for an act relating to labor and industry; clarifying employee classification of independent contractors; providing pilot project for contractor registration; amending Minnesota Statutes 2010, sections 181.723, subdivisions 1, 3, 4, 7, 15, 16, by adding subdivisions; 326B.081, subdivision 3; Minnesota Statutes 2011 Supplement, section 181.723, subdivision 5; repealing Minnesota Statutes 2010, section 181.723, subdivisions 6, 8, 9, 10, 11, 12, 14, 17; Minnesota Rules, parts 5202.0100; 5202.0110; 5202.0120; 5202.0130; 5202.0140; 5202.0150; 5202.0160.

Reported the same back with the following amendments:

Page 7, line 8, delete "employee" and insert "employer"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Regulatory Reform.

The report was adopted.

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2095, A bill for an act relating to environment; providing for permitting efficiency; modifying environmental review requirements; appropriating money; amending Minnesota Statutes 2010, sections 14.05, by adding a subdivision; 41A.10, subdivision 1; 84.027, by adding a subdivision; 115.03, by adding a subdivision; 116.07, subdivision 4a; 116J.035, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 84.027, subdivision 14a; 116.03, subdivision 2b; 116D.04, subdivision 2a.

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.

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

H. F. No. 2149, A bill for an act relating to public safety; expanding the definition of qualified domestic violence-related offense; amending Minnesota Statutes 2010, section 609.02, subdivision 16.

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 2174, A bill for an act relating to local government finance; authorizing certain investments; providing for designated depositories; amending Minnesota Statutes 2010, sections 118A.04, subdivision 5; 123B.14, subdivision 3; 366.01, subdivision 4; 385.07; 427.06.

Reported the same back with the following amendments:

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5640

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 123B.14, subdivision 3, is amended to read:

Subd. 3. Official depository. (a) The treasurer shall deposit the funds of the district in the official depository.

(b) In addition to the authority for deposit of district money pursuant to paragraph (a) or other provisions of this chapter, the treasurer may deposit district money in the official depository in accordance with the following conditions:

(1) The official depository is authorized by the treasurer to (i) arrange for the redeposit of the money into deposit accounts in one or more banks or savings and loan associations that are located in the United States, and (ii) serve as custodian for the district with respect to the money redeposited into such accounts.

(2) The full amount of the redeposited district funds, plus accrued interest, if any, must be insured by the Federal Deposit Insurance Corporation. Any entity serving as subcustodian for the official depository shall have had at least five years of general custodial experience.

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

Sec. 2. Minnesota Statutes 2010, section 366.01, subdivision 4, is amended to read:

Subd. 4. Depository; terms; liability; interest. (a) They may designate a bank as the depository of town money for a time not extending beyond their official term, after the execution by the bank of a sufficient bond to the town to be approved by the board and filed in the office of the town clerk. They may then require the treasurer to deposit all or part of the town money in that bank. The designation shall be in writing, and set forth all the terms upon which the deposits are made. It shall be signed by the chair and clerk and filed with the clerk. The town treasurer shall not be liable for the loss of money while deposited in the bank. All interest on the money shall belong to the town.

(b) In addition to the authority for deposit of town money pursuant to paragraph (a) or other provisions of this chapter, the town treasurer may deposit town money in a designated depository in accordance with the following conditions:

(1) The designated depository is authorized by the town treasurer to (i) arrange for the redeposit of the money into deposit accounts in one or more banks or savings and loan associations that are located in the United States, and (ii) serve as custodian for the town with respect to the money redeposited into such accounts.

(2) The full amount of the redeposited town funds, plus accrued interest, if any, must be insured by the Federal Deposit Insurance Corporation. Any entity serving as subcustodian for the designated depository shall have had at least five years of general custodial experience.

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

Sec. 3. Minnesota Statutes 2010, section 385.07, is amended to read:

385.07 FUNDS, WHERE DEPOSITED OR INVESTED.

(a) All county funds shall be deposited promptly and intact by the county treasurer in the name of the county or invested as provided in section 118A.04. Interest and profits which accrue from such investment shall, when collected, be credited to the general revenue fund of the county.

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5641

(b) In addition to the authority for deposit of county funds pursuant to paragraph (a), the county treasurer may deposit county funds in a designated depository in accordance with the following conditions:

(1) The designated depository is authorized by the county treasurer to (i) arrange for the redeposit of the funds into deposit accounts in one or more banks or savings and loan associations that are located in the United States, and (ii) serve as custodian for the county with respect to the funds redeposited into such accounts.

(2) The full amount of the redeposited county funds, plus accrued interest, if any, must be insured by the Federal Deposit Insurance Corporation. Any entity serving as subcustodian for the designated depository shall have had at least five years of general custodial experience.

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

Sec. 4. Minnesota Statutes 2010, section 427.06, is amended to read:

427.06 MONEY, HOW DEPOSITED; CHECKS, HOW DRAWN.

(a) All money of any city kept in accordance with sections 427.02 to 427.07 in any depository designated by the council of the city shall be kept and deposited in the name of the city and the depository shall have no authority to pay out this money except upon checks drawn upon the depository signed by the city treasurer and countersigned by the city comptroller or recording officer of the city.

(b) In addition to the authority for deposit of city money pursuant to paragraph (a) or other provisions of this chapter, the city treasurer may deposit city money in a designated depository in accordance with the following conditions:

(1) The designated depository is authorized by the city treasurer to (i) arrange for the redeposit of the money into deposit accounts in one or more banks or savings and loan associations that are located in the United States, and (ii) serve as custodian for the city with respect to the money redeposited into such accounts.

(2) The full amount of the redeposited city funds, plus accrued interest, if any, must be insured by the Federal Deposit Insurance Corporation. Any entity serving as subcustodian for the designated depository shall have had at least five years' experience serving in that capacity.

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

Delete the title and insert:

"A bill for an act relating to local government finance; authorizing certain investments; providing for designated depositories; amending Minnesota Statutes 2010, sections 123B.14, subdivision 3; 366.01, subdivision 4; 385.07; 427.06."

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

The report was adopted.

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5642

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

H. F. No. 2211, A bill for an act relating to job creation; imposing a temporary moratorium on state agency rulemaking.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce and Regulatory Reform.

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 2227, A bill for an act relating to financial institutions; clarifying state bank closures for holidays; making changes in state bank lending limits to comply with federal law; repealing obsolete language relating to deposits payable on demand; amending Minnesota Statutes 2010, sections 47.015, subdivision 2; 48.24, subdivision 1; repealing Minnesota Statutes 2010, sections 48.50; 48.51.

Reported the same back with the following amendments:

Page 2, line 14, delete everything after "transaction"

Page 2, line 15, delete everything before the period

Page 2, delete lines 17 to 19 and insert "or note that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the occurrence of any event relating to, one or more currencies, interest or other rates, or interest rate indices, and that is subject to regulation by the commissioner of commerce."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1872 and 2227 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Gruenhagen, Gottwalt and Lohmer introduced:

H. F. No. 2344, A bill for an act relating to insurance; consolidating health-insurance-related taxes and assessments; amending Minnesota Statutes 2010, sections 62E.11, subdivisions 5, 6; 256.9657, subdivision 3; 297I.05, subdivisions 1, 5, by adding a subdivision.

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

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Gruenhagen, Gottwalt and Lohmer introduced:

H. F. No. 2345, A bill for an act relating to insurance; permitting sale to Minnesota residents of health plans permitted under Minnesota law but not under federal law; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Gruenhagen, Gottwalt and Lohmer introduced:

H. F. No. 2346, A bill for an act relating to insurance; specifying financial responsibility for hospital-acquired infections; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Gruenhagen, Gottwalt and Lohmer introduced:

H. F. No. 2347, A bill for an act relating to insurance; expanding the small employer health insurance market; amending Minnesota Statutes 2010, sections 62L.02, subdivision 26, by adding a subdivision; 62L.08, subdivision 2.

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

Abeler, Gottwalt and Huntley introduced:

H. F. No. 2348, A bill for an act relating to appropriations; appropriating money to study and develop recommendations for implementing a return on taxpayer investment methodology and practices for human services and corrections programs.

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

Gruenhagen, Gottwalt and Lohmer introduced:

H. F. No. 2349, A bill for an act relating to insurance; regulating insurance agents; defining a term; amending Minnesota Statutes 2010, sections 60K.31, subdivision 6, by adding a subdivision; 60K.32.

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

Fabian and Gunther introduced:

H. F. No. 2350, A bill for an act relating to game and fish; allowing scopes on muzzleloaders; amending Minnesota Statutes 2011 Supplement, section 97B.031, subdivision 5.

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

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5644

Fabian introduced:

H. F. No. 2351, A bill for an act relating to game and fish; exempting donated venison from certain food laws; amending Minnesota Statutes 2010, section 31.01, subdivision 3.

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

Quam; Benson, M.; Norton; Liebling and Davids introduced:

H. F. No. 2352, A bill for an act relating to the city of Rochester; increasing its lodging tax authority and repealing authority for a food and beverage tax; amending Laws 2002, chapter 377, article 3, section 25, as amended; repealing Laws 2009, chapter 88, article 4, section 23, as amended.

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

Hackbarth introduced:

H. F. No. 2353, A bill for an act relating to natural resources; requiring certain accessibility to publicly funded shooting ranges; proposing coding for new law in Minnesota Statutes, chapter 87A.

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

Sanders, LeMieur, Kieffer, Swedzinski and Smith introduced:

H. F. No. 2354, A bill for an act relating to building codes; modifying plumbing code requirements related to sump pumps and drain tiles; amending Minnesota Statutes 2010, section 326B.43, by adding a subdivision.

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

Daudt introduced:

H. F. No. 2355, A bill for an act relating to human services; modifying the definition of an individual who is related; amending Minnesota Statutes 2010, section 245A.02, subdivision 13.

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

Daudt, Gottwalt, Quam, Scott and Shimanski introduced:

H. F. No. 2356, A bill for an act relating to insurance; requiring the Workers' Compensation Reinsurance Association to comply with the open meeting law and the Data Practices Act; amending Minnesota Statutes 2010, section 79.34, subdivision 1.

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

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5645

Nelson, Hilstrom and Davids introduced:

H. F. No. 2357, A bill for an act relating to the city of Brooklyn Park; providing special tax increment financing rules.

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

Quam introduced:

H. F. No. 2358, A bill for an act relating to taxation; income and franchise; historic preservation and job creation; extending the sunset on the historic structure rehabilitation tax credit; amending Minnesota Statutes 2010, section 290.0681, subdivision 10.

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

Quam introduced:

H. F. No. 2359, A bill for an act relating to counties; providing a process for making the county recorder appointive in Dodge County.

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

O'Driscoll, Murray, Peppin and LeMieur introduced:

H. F. No. 2360, A bill for an act relating to retirement; defined benefit retirement plans administered by the Public Employees Retirement Association; increasing minimum monthly salary amount for plan coverage eligibility; amending Minnesota Statutes 2010, section 353.01, subdivision 2b, by adding a subdivision; Minnesota Statutes 2011 Supplement, section 353.01, subdivision 2a.

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

Mahoney, Downey, Davids and Davnie introduced:

H. F. No. 2361, A bill for an act relating to economic development; making changes to the angel investment tax credit; adding a data practices exemption; amending Minnesota Statutes 2010, section 116J.8737, subdivision 8; 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.

Mazorol, Hortman, Smith and Simon introduced:

H. F. No. 2362, A bill for an act relating to community property; adopting the Uniform Community Property Rights at Death Act; proposing coding for new law as Minnesota Statutes, chapter 519A.

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

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5646

Mahoney and Gunther introduced:

H. F. No. 2363, A bill for an act relating to economic development; appropriating money for the Minnesota Science and Technology Authority.

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

Benson, M.; Beard; Murdock and Torkelson introduced:

H. F. No. 2364, A bill for an act relating to highways; removing certain legislative routes from the trunk highway system.

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

Wardlow introduced:

H. F. No. 2365, A bill for an act relating to state government; changing the date designated for Fallen Firefighters Memorial Day; amending Minnesota Statutes 2010, section 10.585.

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

Kriesel, Nornes, Lohmer, Banaian, Anzelc, Smith and Westrom introduced:

H. F. No. 2366, A bill for an act relating to transportation; motor vehicles; adding service branch designs to special veterans' plates; amending Minnesota Statutes 2010, section 168.123, subdivision 2; Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1.

The bill was read for the first time and referred to the Veterans Services Division.

Runbeck, Lohmer, Hancock and Dettmer introduced:

H. F. No. 2367, A bill for an act relating to unemployment insurance; local government; limiting eligibility for unemployment benefits for certain seasonal municipal workers; amending Minnesota Statutes 2010, section 268.085, by adding a subdivision.

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

Runbeck, Lohmer, Drazkowski and Barrett introduced:

H. F. No. 2368, A bill for an act relating to local government; requiring voter approval of certain lease financings; proposing coding for new law in Minnesota Statutes, chapter 416.

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

Journal of the House - 75th Day - Monday, February 20, 2012 - Top of Page 5647

Benson, M.; Lohmer; Gruenhagen; Quam and Westrom introduced:

H. F. No. 2369, A bill for an act relating to job creation; providing for permit management and coordination; requiring centralized electronic accessibility to permit applications and documentation; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Hackbarth introduced:

H. F. No. 2370, A bill for an act relating to energy; regulating cost allocation for certain underground high-voltage transmission lines; 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.

McNamara introduced:

H. F. No. 2371, A bill for an act relating to natural resources; providing for continued operation of state parks and recreation areas when biennial appropriations have not been enacted; appropriating money; amending Minnesota Statutes 2010, section 85.055, subdivision 2.

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

Kiel, Hansen, Torkelson, McNamara and Wagenius introduced:

H. F. No. 2372, A bill for an act relating to capital improvements; appropriating money to the Board of Water and Soil Resources for wetland restoration; 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.

Cornish, Kelly and Scott introduced:

H. F. No. 2373, A bill for an act relating to public safety; extending the felony of fraudulent or other improper finance statements to include retaliation against a sheriff or county recorder for performance of official duties regarding real property; amending Minnesota Statutes 2010, section 609.7475, subdivision 3.

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

Kiffmeyer, Gottwalt and Abeler introduced:

H. F. No. 2374, A bill for an act relating to human services; modifying nursing facility rate equalization; amending Minnesota Statutes 2010, section 256B.48, subdivision 1.

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

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Schomacker; Hamilton; Gunther; Anderson, P.; Swedzinski and Hosch introduced:

H. F. No. 2375, A bill for an act relating to human services; providing rate increases for nursing facilities and the elderly waiver program; amending Minnesota Statutes 2010, section 256B.441, by adding a subdivision.

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

LeMieur, Fabian, Ward, Greiling, Garofalo, Doepke and Norton introduced:

H. F. No. 2376, A bill for an act relating to education finance; simplifying the approval process for food service equipment purchased from the food service fund; amending Minnesota Statutes 2010, section 124D.111, subdivision 3.

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

Nornes, Dettmer and Rukavina introduced:

H. F. No. 2377, A bill for an act relating to higher education; establishing an account for tuition reciprocity payments; modifying tuition reciprocity payments and transfers; transferring appropriations; amending Minnesota Statutes 2010, section 136A.08, subdivisions 3, 4, by adding a subdivision.

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

Vogel, Hortman and Swedzinski introduced:

H. F. No. 2378, A bill for an act relating to transportation; contracts; authorizing completion of design-build projects approved under pilot program; amending Laws 2009, chapter 36, article 3, sections 28, subdivision 2, by adding a subdivision; 29, subdivisions 2, 4, 7; repealing Laws 2009, chapter 36, article 3, section 28, subdivisions 1, 3, 4.

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

Gottwalt, Abeler, Loeffler and Anderson, D., introduced:

H. F. No. 2379, A bill for an act relating to human services; providing an exemption from a licensing moratorium; establishing certification requirements; amending Minnesota Statutes 2010, section 245A.03, by adding a subdivision; Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7.

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

Greiling, Slocum, Ward and Slawik introduced:

H. F. No. 2380, A bill for an act relating to education; allowing resident pupils temporarily placed in a care and treatment center to continue to participate in district extracurricular activities; amending Minnesota Statutes 2010, section 123B.49, subdivision 4.

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

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Runbeck, Scalze, Woodard and Franson introduced:

H. F. No. 2381, A bill for an act relating to taxation; modifying property tax statements and notices; amending Minnesota Statutes 2010, section 275.065, subdivision 3; Minnesota Statutes 2011 Supplement, section 276.04, subdivision 2.

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

Barrett and Crawford introduced:

H. F. No. 2382, A bill for an act relating to taxation; phasing out the combined receipts tax; amending Minnesota Statutes 2010, section 297E.02, subdivision 6.

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

Barrett introduced:

H. F. No. 2383, A bill for an act relating to education finance; permitting alternative uses of the building lease levy for school districts that are members of St. Croix River Education District; amending Minnesota Statutes 2011 Supplement, section 126C.40, subdivision 1.

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

Barrett, Quam and Runbeck introduced:

H. F. No. 2384, A bill for an act relating to labor and industry; requiring electrical inspections to continue in the event of a government shutdown; appropriating money; amending Minnesota Statutes 2010, section 326B.36, by adding a subdivision; Laws 2011, First Special Session chapter 4, article 1, section 5, subdivision 3.

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

Kath; Brynaert; Norton; Benson, J.; Morrow; Greiling; Ward; Peterson, S.; Mariani; Knuth and Winkler introduced:

H. F. No. 2385, A bill for an act relating to education; modifying certain unrequested leave of absence provisions for teachers; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 10, 11; 122A.41, subdivision 14; 179A.20, by adding a subdivision; repealing Minnesota Statutes 2010, section 122A.40, subdivision 11.

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

Hancock, Persell and Ward introduced:

H. F. No. 2386, A bill for an act relating to natural resources; establishing state trail connection between Heartland Trail and Itasca State Park; amending Minnesota Statutes 2010, section 85.015, subdivision 12.

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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Gauthier, Banaian, Brynaert and Morrow introduced:

H. F. No. 2387, A bill for an act relating to transportation; capital improvements; appropriating money for greater Minnesota transit; authorizing sale of bonds of the state.

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

Carlson introduced:

H. F. No. 2388, A bill for an act relating to taxation; modifying withdrawal of lien notice requirements; amending Minnesota Statutes 2010, section 270C.63, subdivision 15.

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

McNamara, Ward, Howes, Hausman and Dill introduced:

H. F. No. 2389, A bill for an act relating to capital investment; appropriating money for acquisition and development of state trails; 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.

Torkelson, Howes, Hausman and Hansen introduced:

H. F. No. 2390, A bill for an act relating to capital investment; appropriating money for state park and recreation area acquisition; 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.

Murphy, M., introduced:

H. F. No. 2391, A bill for an act relating to retirement; volunteer firefighter relief associations; implementing the recommendations of the 2011-2012 state auditor volunteer fire working group; amending Minnesota Statutes 2010, sections 356.219, subdivision 8; 356A.01, subdivision 19; 356A.06, subdivision 6; 424A.016, subdivision 6; 424A.02, subdivisions 1, 7, 9.

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

Dettmer introduced:

H. F. No. 2392, A bill for an act relating to Anoka County; providing for powers and jurisdiction of the Anoka County Housing and Redevelopment Authority; amending Minnesota Statutes 2010, section 383E.17.

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

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McElfatrick introduced:

H. F. No. 2393, A bill for an act relating to natural resources; modifying Wetland Conservation Act; amending Minnesota Statutes 2010, sections 103G.2241, subdivision 9; 103G.2242, subdivision 3; Minnesota Statutes 2011 Supplement, section 103G.222, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Lohmer, Zellers and Dean introduced:

H. F. No. 2394, A bill for an act relating to public safety; requiring community notification when a person is released from the Minnesota sex offender program; amending Minnesota Statutes 2011 Supplement, section 253B.185, subdivision 10a.

The bill was read for the first time.

DECLARATION OF URGENCY

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Lohmer moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that H. F. No. 2394 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 2394 was read for the second time.

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. There were 127 yeas and 1 nay as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

INTRODUCTION AND FIRST READING OF HOUSE BILLS, Continued

The following House Files were introduced:

Anderson, P., introduced:

H. F. No. 2395, A bill for an act relating to natural resources; authorizing and clarifying the use of general permits; amending Minnesota Statutes 2010, sections 84.0895, subdivision 7; 97A.401, subdivision 1; 103G.245, subdivision 3; 103G.271, subdivision 1; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision; Minnesota Statutes 2011 Supplement, section 103G.615, subdivisions 1, 2.

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

Benson, M.; Quam; Liebling and Norton introduced:

H. F. No. 2396, A bill for an act relating to higher education; appropriating money for the University of Minnesota and Mayo Foundation Partnership.

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

Benson, M.; Quam and Davids introduced:

H. F. No. 2397, A bill for an act relating to capital investment; extending the availability of the appropriation for the Chester Woods State Trail; amending Laws 2008, chapter 179, section 7, subdivision 27, as amended.

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

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Anderson, P.; Eken; Schomacker; Swedzinski; Hamilton; Shimanski; Koenen; Torkelson; Vogel; Kiel and Urdahl introduced:

H. F. No. 2398, A bill for an act relating to agriculture; modifying provisions related to pesticides, plants, nursery law, inspections, enforcements, food, animals, grain, and weights and measures; establishing Dairy Research, Teaching, and Consumer Education Authority; requiring reports; amending Minnesota Statutes 2010, sections 17.114, subdivisions 3, 4; 18B.065, subdivision 2a, by adding a subdivision; 18B.316, subdivision 6; 18G.02, subdivision 14; 18G.07, subdivision 1; 18G.10, subdivision 7, by adding a subdivision; 18H.02, subdivision 14, by adding a subdivision; 18H.10; 18H.14; 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 21.82, subdivisions 7, 8; 31.13; 31.94; 35.0661, subdivisions 2, 3; 40A.17; 41A.12, subdivisions 2, 4; 223.16, subdivision 12; 223.17, subdivisions 1, 4, 6, 9; 232.21, subdivisions 2, 6, 12; 232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 5, 10; 232.24, subdivisions 1, 2; 239.092; 239.093; Laws 2011, chapter 14, section 6; proposing coding for new law as Minnesota Statutes, chapter 32C; repealing Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 27.19, subdivisions 2, 3; 27.20; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision 3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 233.07; 233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 234.03; 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 234.15; 234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27; 235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18; 236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24; Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; 1511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100, subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; 1562.1800.

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

Hausman and Johnson introduced:

H. F. No. 2399, A bill for an act relating to capital investment; appropriating money for rail capacity improvements; 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.

Quam; Benson, M., and Drazkowski introduced:

H. F. No. 2400, A bill for an act relating to arts and cultural heritage; modifying the method for distributing funds to regional arts councils; amending Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 3.

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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Hilty introduced:

H. F. No. 2401, A bill for an act relating to education finance; authorizing early repayment of maximum effort debt service loans.

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

Davids introduced:

H. F. No. 2402, A bill for an act relating to taxation; sales and use; clarifying exemptions for medical devices; amending Minnesota Statutes 2010, section 297A.67, subdivision 7, by adding a subdivision.

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

Marquart, Lanning and Nornes introduced:

H. F. No. 2403, A bill for an act relating to capital investment; appropriating for flood hazard mitigation grants; 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.

Scott; Scalze; Runbeck; Peterson, S.; Leidiger; Mack; Myhra; Loon; Garofalo; Hornstein; Doepke; Woodard; Anderson, S., and Sanders introduced:

H. F. No. 2404, A bill for an act relating to metropolitan government; providing for staggered, four-year terms for members of the Metropolitan Council; amending Minnesota Statutes 2010, section 473.123, subdivision 2a.

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

Hilty and Howes introduced:

H. F. No. 2405, A bill for an act relating to natural resources; allowing the sale of state nursery plant stock to soil and water conservation districts; amending Laws 2011, First Special Session chapter 2, article 4, section 30.

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

Swedzinski, Koenen and Anderson, P., introduced:

H. F. No. 2406, A bill for an act relating to capital investment; appropriating money for the Minnesota Southwest Regional Amateur Sports Facility; 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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Swedzinski and Schomacker introduced:

H. F. No. 2407, A bill for an act relating to capital investment; appropriating money for the design of a science lab renovation at Southwest Minnesota State University; 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.

Abeler and Lohmer introduced:

H. F. No. 2408, A bill for an act relating to human services; modifying parental contributions for certain disability services; modifying state agency hearings related to the personal care assistance program; modifying assessment and support planning; modifying certain congregate rate reductions; modifying consultation for housing with services; developing the Community First Choice Option; modifying the foster care licensing moratorium; modifying residential settings for home and community-based services; amending Minnesota Statutes 2010, sections 252.27, subdivision 2a; 256B.0659, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 245A.03, subdivision 7; 256.045, subdivision 3; 256B.0911, subdivisions 3a, 3c; Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Shimanski, Kelly, Gruenhagen, Cornish, Smith, Slocum, McDonald, Nornes, Torkelson, Hilstrom, Kriesel, McFarlane and Rukavina introduced:

H. F. No. 2409, A bill for an act relating to police officers; providing for uniform procedures for police civilian review authorities; amending Minnesota Statutes 2010, section 626.89, subdivision 2, by adding a subdivision.

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

Mack, McNamara, Hausman, Torkelson, Hansen, Kahn, Nornes, Hoppe, Atkins, Howes and Quam introduced:

H. F. No. 2410, A bill for an act relating to capital investment; appropriating money for asset preservation, exhibit renewal, and master plan design and implementation at the Minnesota Zoo; 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.

Lanning introduced:

H. F. No. 2411, A bill for an act relating to retirement; Teachers Retirement Association; revising deferred annuity augmentation rates for certain deferred annuitants; amending Minnesota Statutes 2010, section 354.55, subdivision 11.

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

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Gottwalt, Laine, Hosch, Scott, Lohmer, Kieffer, Quam and Gruenhagen introduced:

H. F. No. 2412, A bill for an act relating to health; requiring certain changes in managed care plan financial reporting; requiring an annual independent third-party audit; amending Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 9c.

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

Hackbarth and Hilty introduced:

H. F. No. 2413, A bill for an act relating to energy; distributed energy resources and funding for renewable development; providing for energy conservation improvement funds and renewable development account funds for qualifying solar energy projects on public buildings; amending Minnesota Statutes 2010, sections 116C.779, subdivision 2; 216B.2411, subdivision 1.

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

Atkins introduced:

H. F. No. 2414, A bill for an act relating to corporations; providing that business corporations do not have the power to make corporate independent political expenditures; amending Minnesota Statutes 2010, section 302A.165; proposing coding for new law in Minnesota Statutes, chapter 302A.

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

H. F. No. 1770, A bill for an act relating to education; requiring teacher candidates to pass basic skills exam; amending Minnesota Statutes 2010, sections 122A.18, subdivision 2; 122A.23, subdivision 2; Minnesota Statutes 2011 Supplement, section 122A.09, subdivision 4.

Cal R. Ludeman, Secretary of the Senate

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Mr. Speaker:

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

H. F. No. 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.

The Senate has appointed as such committee:

Senators Wolf, Parry and Harrington.

Said House File is herewith returned to the House.

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. 1073, 1236, 1240, 1371, 1492 and 1123.

Cal R. Ludeman, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1073, A bill for an act relating to education; proposing a transitions plan for high school students to successfully pursue postsecondary education and employment; appropriating money; amending Minnesota Statutes 2010, section 120B.125; proposing coding for new law in Minnesota Statutes, chapter 121A.

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

S. F. No. 1236, A bill for an act relating to civil law; limiting successor corporation asbestos-related liabilities; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

S. F. No. 1240, A bill for an act relating to public safety; making changes to the DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance forfeiture laws to provide more uniformity; raising the monetary cap on the value of certain property forfeitures that may be adjudicated in conciliation court; prohibiting forfeited property from being sold to prosecuting authorities or persons related to prosecuting authorities; clarifying the general criminal code forfeiture law, necessity of conviction, and burden of proof;

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amending Minnesota Statutes 2010, sections 84.7741, subdivisions 2, 3, 4, 8, 9, 10, by adding a subdivision; 169A.63, subdivisions 2, 3, 4, 8, 9, 10, by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 1, 6a; 609.5314, subdivision 2; 609.5315, subdivisions 1, 5, 5a, 5b; 609.5318, subdivisions 2, 3; Minnesota Statutes 2011 Supplement, section 609.5314, subdivision 3.

The bill was read for the first time.

Cornish moved that S. F. No. 1240 and H. F. No. 1535, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1371, A bill for an act relating to public safety; authorizing law enforcement agencies to sell forfeited firearms to federally licensed firearms dealers; amending Minnesota Statutes 2010, section 609.5316, subdivision 1.

The bill was read for the first time.

LeMieur moved that S. F. No. 1371 and H. F. No. 1468, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1492, A bill for an act relating to state government; changing the date designated for Fallen Firefighters Memorial Day; amending Minnesota Statutes 2010, section 10.585.

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

S. F. No. 1123, A bill for an act relating to public safety; including unlawful possession of a firearm by a minor for purposes of orders to enjoin gang activity; amending Minnesota Statutes 2010, section 617.91, subdivision 4.

The bill was read for the first time.

McFarlane moved that S. F. No. 1123 and H. F. No. 1245, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

CALENDAR FOR THE DAY

Dean moved that the Calendar for the Day be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Scott moved that the names of Rukavina, Vogel and Shimanski be added as authors on H. F. No. 322. The motion prevailed.

Bills moved that the name of Franson be added as an author on H. F. No. 329. The motion prevailed.

Morrow moved that the name of Hortman be added as an author on H. F. No. 1014. The motion prevailed.

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Dettmer moved that the name of Gruenhagen be added as an author on H. F. No. 1819. The motion prevailed.

Dettmer moved that the name of Gruenhagen be added as an author on H. F. No. 1820. The motion prevailed.

Dettmer moved that the names of Lesch; Koenen; Eken; Brynaert; Anzelc; Rukavina; Lillie; Crawford; Abeler; Kiffmeyer; Kriesel; Anderson, P., and Gruenhagen be added as authors on H. F. No. 1821. The motion prevailed.

Davids moved that the name of Liebling be added as an author on H. F. No. 1849. The motion prevailed.

Quam moved that the name of Kiffmeyer be added as an author on H. F. No. 1858. The motion prevailed.

Clark moved that the name of Allen be added as an author on H. F. No. 1910. The motion prevailed.

Howes moved that the name of Mazorol be added as an author on H. F. No. 1916. The motion prevailed.

Swedzinski moved that the names of Shimanski and Poppe be added as authors on H. F. No. 1926. The motion prevailed.

Shimanski moved that the name of Drazkowski be added as an author on H. F. No. 1966. The motion prevailed.

Mack moved that the name of Schomacker be added as an author on H. F. No. 2060. The motion prevailed.

Thissen moved that his name be stricken as an author on H. F. No. 2084. The motion prevailed.

Norton moved that the name of Liebling be added as an author on H. F. No. 2094. The motion prevailed.

Vogel moved that the name of Davids be added as an author on H. F. No. 2152. The motion prevailed.

Hosch moved that the name of Murphy, E., be added as an author on H. F. No. 2198. The motion prevailed.

Swedzinski moved that the name of Hackbarth be added as chief author on H. F. No. 2211. The motion prevailed.

Gottwalt moved that the name of LeMieur be added as an author on H. F. No. 2237. The motion prevailed.

O'Driscoll moved that the name of Norton be added as an author on H. F. No. 2244. The motion prevailed.

Bills moved that the name of Runbeck be added as an author on H. F. No. 2257. The motion prevailed.

Dettmer moved that the name of Gruenhagen be added as an author on H. F. No. 2259. The motion prevailed.

Dettmer moved that the names of Gruenhagen and Benson, M., be added as authors on H. F. No. 2260. The motion prevailed.

Dettmer moved that the names of Gruenhagen and Benson, M., be added as authors on H. F. No. 2261. The motion prevailed.

Greiling moved that the name of Smith be added as an author on H. F. No. 2301. The motion prevailed.

Knuth moved that the name of Clark be added as an author on H. F. No. 2317. The motion prevailed.

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Downey moved that the name of Runbeck be added as an author on H. F. No. 2319. The motion prevailed.

Holberg moved that the name of Kahn be added as an author on H. F. No. 2329. The motion prevailed.

Westrom moved that the name of Hansen be added as an author on H. F. No. 2330. The motion prevailed.

Peppin moved that the name of Lohmer be added as an author on H. F. No. 2341. The motion prevailed.

ADJOURNMENT

Dean moved that when the House adjourns today it adjourn until 4:30 p.m., Wednesday, February 22, 2012. The motion prevailed.

Dean moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 4:30 p.m., Wednesday, February 22, 2012.

Albin A. Mathiowetz, Chief Clerk, House of Representatives