Journal of the House - 79th Day - Wednesday February 29, 2012

A quorum was present.

Banaian and Kahn were excused.

Mahoney and Mariani were excused until 5:30 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

Journal of the House - 79th Day - Wednesday, February 29, 2012 - Top of Page 5768

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 1721, A bill for an act relating to economic development; authorizing redevelopment demolition loans; amending Minnesota Statutes 2010, sections 116J.571; 116J.572; 116J.575, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 2010, section 116J.555, subdivision 2, is amended to read:

Subd. 2. Application cycles; reporting to legislature. (a) In making grants, the commissioner shall establish semiannual application deadlines in which grants will be authorized from all or part of the available appropriations of money in the account.

(b) After each semiannual cycle in which grants are awarded, the commissioner shall report to the environment and natural resources committees of the senate and house of representatives, the Finance Division of the senate Committee on Environment and Natural Resources, and the house of representatives Committee on Environment and Natural Resources finance the grants awarded and appropriate supporting information describing each grant made. This report must be made within 30 days after the grants are awarded.

~~(c)~~ (b) The commissioner shall annually report to the ~~legislative committees in paragraph (b)~~ committees of the senate and house of representatives with jurisdiction over environment and natural resources finance on the status of the cleanup projects undertaken under grants made under the programs. The commissioner shall include in the annual report information on the cleanup and development activities undertaken for the grants made in that and previous fiscal years. The commissioner shall make this report no later than 120 days after the end of the fiscal year."

Page 2, line 18, delete "shall" and insert "may"

Page 2, line 34, delete "bee" and insert "been"

Page 3, line 5, delete "he" and insert "the"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after "loans;" insert "eliminating a semiannual report;"

Correct the title numbers accordingly

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.

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

H. F. No. 1813, A bill for an act relating to state government; requiring a reorganization study.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. REORGANIZATION SERVICES UNDER MASTER CONTRACT.

By September 1, 2012, the commissioner of administration must make available under a master contract program a list of eligible contractors who can assist state agencies in:

(1) reorganization along service rather than functional lines in order to provide more efficient and effective service; and

(2) internal reorganization in order to flatten the organizational structure by requiring that decisions are made closer to the service needed, eliminating redundancies, and optimizing the span of control ratios to public and private sector industry benchmarks.

The commissioner of administration must report to the legislature by January 15, 2013, and January 15, 2014, on state agency use of eligible contractors under this section, and on improvements in efficiency and effectiveness of state services as a result of services provided by contractors."

Delete the title and insert:

"A bill for an act relating to state government; providing for availability of contractors to assist state agencies in certain reorganization."

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.

Lanning from the Committee on State Government Finance 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 following amendments:

Page 2, after line 20, insert:

"Section 1. Minnesota Statutes 2010, section 16C.08, subdivision 4, is amended to read:

Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs and ranking minority members of the house of representatives Ways and Means and senate Finance Committees, and the Legislative Reference Library a yearly listing of all contracts for professional or technical services executed. The report must identify the contractor, contract amount, duration, and services to be provided. The commissioner shall also issue yearly reports summarizing the contract review activities of the department by fiscal year.

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(b) The fiscal year report must be submitted by September 1 of each year and must:

(1) be sorted by agency and by contractor;

(2) show the aggregate value of contracts issued by each agency and issued to each contractor;

(3) distinguish between contracts that are being issued for the first time and contracts that are being extended;

(4) state the termination date of each contract;

(5) identify services by commodity code, including topics such as contracts for training, contracts for research and opinions, and contracts for computer systems; and

(6) identify which contracts were awarded without following the solicitation process in this chapter because it was determined that there was only a single source for the services.

(c) Within 30 days of final completion of a contract over $25,000 covered by this subdivision, the head of the agency entering into the contract must submit a report to the commissioner who must make the report publicly available online and submit a copy to the Legislative Reference Library. The report must:

(1) summarize the purpose of the contract, including why it was necessary to enter into a contract;

(2) state the amount spent on the contract;

(3) if the contract was awarded without following the solicitation process in this chapter because it was determined that there was only a single source for the services, explain why the agency determined there was only a single source for the services; ~~and~~

(4) specify the extent to which work under the contract was performed in Minnesota, was performed in the United States but outside Minnesota, or was performed outside the United States; and

(5) include a written performance evaluation of the work done under the contract. The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and overall performance in meeting the terms and objectives of the contract. Contractors may request copies of evaluations prepared under this subdivision and may respond in writing. Contractor responses must be maintained with the contract file."

Page 3, after line 16, insert:

"Sec. 4. [16C.175] RESPONSE TO DISCLOSE WHERE WORK WILL BE PERFORMED.

A response from a vendor in regard to a solicitation for a contract for professional or technical services or nonprofessional or nontechnical services must disclose the extent to which the vendor anticipates that work under the contract will be performed in Minnesota, in the United States but outside Minnesota, or outside the United States."

Renumber the sections in sequence

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Amend the title as follows:

Page 1, line 2, after "contracts;" insert "requiring disclosure on where contract work takes place;"

Correct the title numbers accordingly

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.

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

H. F. No. 1977, A bill for an act relating to state government; authorizing certain negotiations to avoid layoffs; amending Minnesota Statutes 2010, section 179A.22, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete lines 7 to 13 and insert:

"Subd. 5. Unpaid leave to avoid layoffs. If the commissioner of management and budget determines that layoffs of executive branch employees may be required, the commissioner may request exclusive representatives to negotiate amendments to collective bargaining agreements that would allow appointing authorities to implement unpaid leave and reductions in hours, instead of imposing layoffs."

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.

Garofalo from the Committee on Education Finance to which was referred:

H. F. No. 1983, A bill for an act relating to education finance; repealing annual management and budget report on fiscal impact of not implementing No Child Left Behind Act; repealing Minnesota Statutes 2010, section 127A.095, subdivision 3.

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

The report was adopted.

Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 1986, A bill for an act relating to human services; modifying eligibility for the healthy Minnesota contribution program; amending Minnesota Statutes 2010, section 256L.07, subdivision 3; Minnesota Statutes 2011 Supplement, sections 62E.14, subdivision 4g; 256L.031, subdivisions 1, 2, 3, 6.

Reported the same back with the following amendments:

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Page 2, line 32, strike "paragraph (b)" and insert "this paragraph"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

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

H. F. No. 2084, A bill for an act relating to eminent domain; authorizing inverse condemnation by a mixed municipal solid waste services business when a governmental entity occupies the market; proposing coding for new law in Minnesota Statutes, chapter 117.

Reported the same back with the following amendments:

Page 2, line 1, after "person" insert "or a corporation or association in which the person is a shareholder or member"

Page 2, line 2, after the period, insert "A person may not maintain an action under subdivision 1 if the political subdivision does not renew the contract for collection services."

Page 2, after line 2, insert:

"Subd. 3. Statute of limitations. An action brought under subdivision 1 must be commenced within six months of the day the political subdivision begins providing mixed municipal solid waste collection services that are alleged to be a taking."

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

The report was adopted.

Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 2100, A bill for an act relating to veterans affairs; permitting a preference for private employers to hire and promote veterans; permitting a preference for private employers to hire and promote the spouse of a disabled or deceased veteran; proposing coding for new law in Minnesota Statutes, chapter 197.

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.

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

H. F. No. 2102, A bill for an act relating to transportation; changing requirements for USDOT number on farm trucks; amending Minnesota Statutes 2010, section 168.185.

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

The report was adopted.

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

H. F. No. 2132, A bill for an act relating to the Washington County Housing and Redevelopment Authority; clarifying the jurisdiction of the authority; amending Laws 1974, chapter 475, sections 1; 2, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 10, before the period, insert ", subject, however, to section 3"

Page 2, after line 16, insert:

"Sec. 3. Laws 1974, chapter 475, section 3, is amended to read:

Sec. 3. MUNICIPAL APPROVAL.

If any housing or redevelopment project is undertaken in Washington county pursuant to this authorization, and ~~such~~ the project is within the boundaries of any ~~incorporated village,~~ statutory or home rule charter city or township, the project and the location of ~~such~~ the project shall be approved by the governing body of ~~such village,~~ the city, or township. The procedures in Minnesota Statutes, section 469.007, subdivision 2, shall apply to the governing body project and location approvals required by this section.

EFFECTIVE DATE. This section is effective the day after the governing body of Washington County and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

Page 2, line 17, delete "3." and insert "4."

Page 2, line 18, delete "and" and insert a comma and after "2" insert ", and 3"

Page 2, line 21, delete "and" and insert a comma and after "2" insert ", and 3"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2152, A bill for an act relating to commerce; specifying the extent of responsibility of real estate licensees for property management activities on real property owned by the licensee or by an entity in which the licensee has an ownership interest; amending Minnesota Statutes 2010, section 82.73, subdivision 3.

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

The report was adopted.

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

H. F. No. 2169, A bill for an act relating to state government; providing methods for certain review and reporting on agency rules; amending Minnesota Statutes 2010, sections 3.842, subdivision 4a; 14.02, by adding a subdivision; 14.05, subdivision 1, by adding a subdivision; 14.116; 14.131; 14.19; 14.388, subdivision 2; 14.389, subdivision 2; Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.10; 3D.11; repealing Minnesota Statutes 2010, section 14.127.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 3.842, subdivision 4a, is amended to read:

Subd. 4a. Objections to rules or proposed rules. (a) For purposes of this subdivision, "committee" means the house of representatives policy committee or senate policy committee with primary jurisdiction over state governmental operations. The commission or a committee may object to a rule or proposed rule as provided in this subdivision~~. If the commission or a committee objects to all or some portion of a rule because the commission or committee considers it to be~~ on the grounds that the rule or proposed rule: (1) is beyond the procedural or substantive authority delegated to the agency~~, including a proposed rule submitted under section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c)~~; (2) is inconsistent with the enabling statute; (3) is unnecessary or redundant; or (4) fails to meet the requirements of section 14.131. If the commission or a committee objects to all or some portion of a rule or proposed rule, the commission or committee ~~may~~ shall file that objection in the Office of the Secretary of State. The filed objection must contain a concise statement of the commission's or committee's reasons for its action. ~~An objection to a proposed rule submitted by the commission or a committee under section 14.15,~~ ~~subdivision 4, or 14.26, subdivision 3, paragraph (c), may not be filed before the rule is adopted~~ For a proposed rule, the objection must be filed within 30 days of receipt of the notice under section 14.116, 14.388, or 14.389.

(b) The secretary of state shall affix to each objection a certification of the date and time of its filing and as soon after the objection is filed as practicable shall electronically transmit a ~~certified~~ copy of it to the agency issuing the rule in question and to the revisor of statutes. The secretary of state shall also maintain a permanent register open to public inspection of all objections by the commission or committee.

(c) The commission or committee shall publish and index an objection filed under this section in the next issue of the State Register. The revisor of statutes shall indicate the existence of the objection adjacent to the rule in question when that rule is published in Minnesota Rules.

(d) Within 14 days after the filing of an objection by the commission or committee to a rule or proposed rule, the issuing agency shall respond in writing to the objecting entity. After receipt of the response, the commission or committee may withdraw or modify its objection. After the filing of an objection that is not subsequently withdrawn, the agency may not adopt the rule until the legislature adjourns the annual legislative session that began

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after the vote of the commission or committee. The commission or committee that files an objection that is not subsequently withdrawn must, as soon as practical, make a recommendation on a bill that approves the proposed rule, prohibits adoption of the proposed rule, or amends or repeals the law governing a previously adopted rule for which an objection was filed.

(e) After the filing of an objection by the commission or committee that is not subsequently withdrawn, the burden is upon the agency in any proceeding for judicial review or for enforcement of the rule to establish by clear and convincing evidence that the whole or portion of the rule objected to is valid and demonstrates that the objection raised under paragraph (a) is not justified, based on the criteria for objecting to a rule under paragraph (a).

(f) The failure of the commission or a committee to object to a rule is not an implied legislative authorization of its validity.

(g) In accordance with sections 14.44 and 14.45, the commission or a committee may petition for a declaratory judgment to determine the validity of a rule objected to by the commission or committee. The action must be started within two years after an objection is filed in the Office of the Secretary of State.

(h) The commission or a committee may intervene in litigation arising from agency action. For purposes of this paragraph, agency action means the whole or part of a rule, or the failure to issue a rule.

Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:

3D.06 AGENCY REPORT TO COMMISSION.

Before September 1 of the odd-numbered year before the year in which a state agency is subject to sunset review, the agency commissioner shall report to the commission:

(1) information regarding the application to the agency of the criteria in section 3D.10;

(2) a priority-based budget for the agency;

(3) an inventory of all boards, commissions, committees, and other entities related to the agency; ~~and~~

(4) a list of all rules promulgated by the state agency, and the following information for each rule: (i) the statutory authority; (ii) the statement of need and reasonableness of the rule; (iii) whether there has been any change in circumstance requiring the rule to be amended or repealed; (iv) an assessment of the cumulative effect of the rule with all other federal and state regulations and local ordinances or regulations related to the specific purpose of the rule being proposed; (v) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need and reasonableness of each difference; and (vi) a summary of the means to better coordinate rulemaking between state agencies and other local, state, and federal agencies and a strategy and schedule to repeal or amend agency rules so as to achieve intended outcomes of the rules more effectively and efficiently; and

(5) any other information that the agency commissioner considers appropriate or that is requested by the commission.

~~The September 1 deadline in this section does not apply in 2011.~~

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Sec. 3. Minnesota Statutes 2011 Supplement, section 3D.10, is amended to read:

3D.10 CRITERIA FOR REVIEW.

The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees:

(1) the efficiency and effectiveness with which the agency or the advisory committee operates;

(2) an identification of the mission, goals, and objectives intended for the agency or advisory committee and of the problem or need that the agency or advisory committee was intended to address and the extent to which the mission, goals, and objectives have been achieved and the problem or need has been addressed;

(3) an identification of any activities of the agency in addition to those granted by statute and of the authority for those activities and the extent to which those activities are needed;

(4) an assessment of authority of the agency relating to fees, inspections, enforcement, and penalties;

(5) whether less restrictive or alternative methods of performing any function that the agency performs could adequately protect or provide service to the public;

(6) the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies;

(7) the promptness and effectiveness with which the agency addresses complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process;

(8) an assessment of the agency's rules and rulemaking process and the extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rules that benefit the public;

(9) an assessment of whether any of the agency's rules:

(i) are beyond the procedural or substantive authority delegated to the agency;

(ii) are inconsistent with the enabling statute;

(iii) are unnecessary or redundant; or

(iv) fail to meet the requirements of section 14.131;

~~(9)~~ (10) the extent to which the agency has complied with federal and state laws and applicable rules regarding equality of employment opportunity and the rights and privacy of individuals, and state law and applicable rules of any state agency regarding purchasing guidelines and programs for historically underutilized businesses;

~~(10)~~ (11) the extent to which the agency issues and enforces rules relating to potential conflicts of interest of its employees;

~~Journal of the House - 79th Day - Wednesday, February 29, 2012 - Top of Page 5777~~

~~(11)~~ (12) the extent to which the agency complies with chapter 13 and follows records management practices that enable the agency to respond efficiently to requests for public information; and

~~(12)~~ (13) the effect of federal intervention or loss of federal funds if the agency is abolished.

Sec. 4. Minnesota Statutes 2011 Supplement, section 3D.11, is amended to read:

3D.11 RECOMMENDATIONS.

(a) In its report on a state agency, the commission shall:

(1) make recommendations on the abolition, continuation, or reorganization of each affected state agency and its advisory committees and on the need for the performance of the functions of the agency and its advisory committees;

(2) make recommendations on the consolidation, transfer, or reorganization of programs within state agencies not under review when the programs duplicate functions performed in agencies under review; ~~and~~

(3) make recommendations to improve the operations of the agency, its policy body, and its advisory committees, including management recommendations that do not require a change in the agency's enabling statute.; and

(4) make recommendations for the repeal, consolidation, transfer, or amendment of the rules promulgated by the affected state agency.

(b) The commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the state agency.

(c) The commission shall have drafts of legislation prepared to carry out the commission's recommendations under this section, including legislation necessary to continue the existence of agencies that would otherwise sunset if the commission recommends continuation of an agency.

(d) After the legislature acts on the report under section 3D.09, the commission shall present to the legislative auditor the commission's recommendations that do not require a statutory change to be put into effect. Subject to the legislative audit commission's approval, the legislative auditor may examine the recommendations and include as part of the next audit of the agency a report on whether the agency has implemented the recommendations and, if so, in what manner.

Sec. 5. Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:

Subdivision 1. Authority to adopt original rules restricted. (a) Each agency shall adopt, amend, suspend, or repeal its rules: (1) in accordance with the procedures specified in sections 14.001 to 14.69~~, and~~; (2) only pursuant to authority expressly delegated by state or federal law; (3) only that are necessary to serve the public interest; and (4) in full compliance with its duties and obligations.

(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are automatically repealed on the effective date of the law's repeal unless there is another law authorizing the rules.

(c) Except as provided in section 14.06, sections 14.001 to 14.69 shall not be authority for an agency to adopt, amend, suspend, or repeal rules.

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Sec. 6. Minnesota Statutes 2010, section 14.116, is amended to read:

14.116 NOTICE TO LEGISLATURE.

When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.

In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency shall make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief house of representatives and senate authors of the bill granting the rulemaking authority. If the bill was amended to include this rulemaking authority, the agency shall make reasonable efforts to send the notice and the statement to the chief house of representatives and senate authors of the amendment granting rulemaking authority, rather than to the chief authors of the bill.

Sec. 7. Minnesota Statutes 2010, section 14.131, is amended to read:

14.131 STATEMENT OF NEED AND REASONABLENESS.

By the date of the section 14.14, subdivision 1a, notice, the agency must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule. The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge and must include the following to the extent the agency, through reasonable effort, can ascertain this information:

(1) a description of the classes of persons who probably will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;

(2) the probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;

(3) a determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule;

(4) a description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;

(5) the probable costs of complying with the proposed rule, including the portion of the total costs that will be borne by identifiable categories of affected parties, such as separate classes of governmental units, businesses, or individuals;

(6) the probable costs or consequences of not adopting the proposed rule, including those costs or consequences borne by identifiable categories of affected parties, such as separate classes of government units, businesses, or individuals; ~~and~~

(7) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need for and reasonableness of each difference.; and

(8) an assessment of the cumulative effect of the rule with other federal and state regulations and local ordinances or regulations related to the specific purpose of the rule.

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The statement must describe how the agency, in developing the rules, considered and implemented the legislative policy supporting performance-based regulatory systems set forth in section 14.002.

The statement must describe, with reasonable particularity, the scientific, technical, and economic information that supports the proposed rule.

The statement must also describe the agency's efforts to provide additional notification under section 14.14, subdivision 1a, to persons or classes of persons who may be affected by the proposed rule or must explain why these efforts were not made.

The agency must consult with the commissioner of management and budget to help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local government. The agency must send a copy of the statement of need and reasonableness to the Legislative Reference Library when the notice of hearing is mailed under section 14.14, subdivision 1a.

Sec. 8. Minnesota Statutes 2010, section 14.388, subdivision 2, is amended to read:

Subd. 2. Notice. An agency proposing to adopt, amend, or repeal a rule under this section must give notice to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission, electronic notice of its intent in accordance with section 16E.07, subdivision 3, and must give notice by United States mail or electronic mail to persons who have registered their names with the agency under section 14.14, subdivision 1a. The notice must be given no later than the date the agency submits the proposed rule to the Office of Administrative Hearings for review of its legality and must include:

(1) the proposed rule, amendment, or repeal;

(2) an explanation of why the rule meets the requirements of the good cause exemption under subdivision 1; and

(3) a statement that interested parties have five business days after the date of the notice to submit comments to the Office of Administrative Hearings.

Sec. 9. Minnesota Statutes 2010, section 14.389, subdivision 2, is amended to read:

Subd. 2. Notice and comment. The agency must publish notice of the proposed rule in the State Register ~~and~~, must mail the notice by United States mail or electronic mail to persons who have registered with the agency to receive mailed notices, and must give notice to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission. The mailed notice and the notice to legislators must include either a copy of the proposed rule or a description of the nature and effect of the proposed rule and a statement that a free copy is available from the agency upon request. The notice in the State Register must include the proposed rule or the amended rule in the form required by the revisor under section 14.07, an easily readable and understandable summary of the overall nature and effect of the proposed rule, and a citation to the most specific statutory authority for the rule, including authority for the rule to be adopted under the process in this section. The agency must allow 30 days after publication in the State Register for comment on the rule.

Sec. 10. REVIEW OF CERTAIN RULES; REPORT.

By January 15, 2013, the Pollution Control Agency, Department of Natural Resources, Board of Water and Soil Resources, Environmental Quality Board, and Department of Agriculture must each submit to the governor, the Legislative Coordinating Commission, and the policy and funding committees and divisions with jurisdiction over the agency, a list of all rules promulgated by the agency. The submission must include for each rule:

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(1) the statutory authority;

(2) the statement of need and reasonableness of the rule;

(3) whether there has been any change in circumstance regarding the rule to be amended or repealed;

(4) an assessment of the cumulative effect of the rule with all other federal and state regulations and local ordinances or regulations related to the specific purpose of the rule being proposed;

(5) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need and reasonableness of each difference; and

(6) a summary of the means to better coordinate rulemaking between state agencies and other local, state, and federal agencies and a strategy and schedule to repeal or amend agency rules so as to achieve intended outcomes of the rules more effectively and efficiently.

A report submitted under this section must be signed by the person in the agency who is responsible for identifying and initiating rules and the commissioner of the agency."

Delete the title and insert:

"A bill for an act relating to state government; providing methods for certain review of, and reporting on, agency rules; amending Minnesota Statutes 2010, sections 3.842, subdivision 4a; 14.05, subdivision 1; 14.116; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.10; 3D.11."

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. 2239, A bill for an act relating to motor vehicles; amending and clarifying requirements governing titling and license plates for pioneer vehicles; amending Minnesota Statutes 2010, sections 168.10, subdivision 1a; 168A.01, subdivision 16, by adding a subdivision; 168A.04, subdivision 5, by adding a subdivision; 168A.05, subdivision 3; 168A.09, by adding a subdivision; 168A.15, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 10, after "1936" insert "and is totally original,"

Page 1, line 11, after "item" insert a comma

Page 1, line 15, strike "number of the" and after "model" insert "designation"

Page 3, line 10, after "limited to" insert "the engine," and after "block" insert a comma

Page 4, line 7, after "325E.15" insert "and for which an odometer was affixed by the vehicle manufacturer"

With the recommendation that when so amended the bill pass.

The report was adopted.

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Gottwalt from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 2251, A bill for an act relating to insurance; shifting regulatory authority over health maintenance organizations from the commissioner of health to the commissioner of commerce; amending Minnesota Statutes 2010, sections 62D.02, subdivision 3; 62D.05, subdivision 6; 62D.12, subdivision 1.

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.

Anderson, B., from the Veterans Services Division to which was referred:

H. F. No. 2260, A resolution memorializing Congress and the President of the United States to amend federal veterans cemetery law to expand eligibility for burial in state veterans cemeteries developed with federal funding to include allied Hmong-American and Lao-American veterans of America's Secret War in Laos.

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

The report was adopted.

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

H. F. No. 2307, A bill for an act relating to insurance; property and casualty; permitting a written disclosure of guaranty association coverage when a policy is delivered; expanding access to accident reports to include all parties involved; amending Minnesota Statutes 2010, section 169.09, subdivision 13; Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1.

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

The report was adopted.

Garofalo from the Committee on Education Finance to which was referred:

H. F. No. 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.

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

The report was adopted.

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

H. F. No. 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.

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

The report was adopted.

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Gottwalt from the Committee on Health and Human Services Reform to which was referred:

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.

Reported the same back with the following amendments:

Page 2, line 29, delete "The commissioner" and insert "The state auditor shall contract for the audit required under this paragraph. The state auditor"

Page 3, line 3, delete "commissioner" and insert "state auditor"

Page 3, line 27, delete "commissioner's" and insert "state auditor's"

Page 3, line 30, delete "commissioner" and insert "state auditor"

Page 3, line 31, delete "commissioner" and insert "state auditor" and after "to" insert "the commissioner,"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

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

H. F. No. 2415, A bill for an act relating to public safety; permitting victim notification regarding offenders by Department of Corrections to include electronic notification in addition to written notification; amending Minnesota Statutes 2010, sections 253B.18, subdivision 5a; 253B.185, subdivision 10; 611A.06, subdivisions 1, 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to read:

Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a performance report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice funding by January 15 of each odd-numbered year. The issuance and content of the report must include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average per diem, reported in a standard calculated method as outlined in the departmental policies and procedures;

(3) department annual statistics as outlined in the departmental policies and procedures; and

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(4) information about prison-based mental health programs, including, but not limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual basis. In addition, each year the department shall, on an alternating basis, complete a recidivism analysis of adult facilities, juvenile services, and the community services divisions and include a three-year recidivism analysis in the report described in paragraph (a). The recidivism analysis must: (1) assess education programs, vocational programs, treatment programs, including mental health programs, industry, and employment; and (2) assess statewide re-entry policies and funding, including postrelease treatment, education, training, and supervision. In addition, when reporting recidivism for the department's adult and juvenile facilities, the department shall report on the extent to which offenders it has assessed as chemically dependent commit new offenses, with separate recidivism rates reported for persons completing and not completing the department's treatment programs.

(c) By August 31 of each odd-numbered year, the commissioner must present to the individuals identified in paragraph (a) a report that lists and describes the performance measures and targets the department will include in the biennial performance report. The measures and targets must include a budget target for the next two years and a history of the department's performance for the previous five years. At a minimum, the report must include measures and targets for the data and information identified in paragraphs (a) and (b) regarding per diem, statistics, inmate programming, and recidivism, and the following:

~~(1) average statutory per diem for adult offenders, female offenders, and juvenile offenders;~~

~~(2) the Department of Corrections field services;~~

~~(3) staffing and salaries for both department divisions and institutions;~~

~~(4) the use of private and local institutions to house persons committed to the commissioner;~~

~~(5) the cost of inmate health and dental care;~~

~~(6) implementation and use of corrections best practices; and~~

~~(7) the challenge incarceration program.~~

Sec. 2. Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:

Subd. 2. Limitations. The initial processing of a person arrested by the fugitive apprehension unit for an offense within the agency's jurisdiction is the responsibility of the fugitive apprehension unit unless otherwise directed by the law enforcement agency with primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement agency of the jurisdiction in which a new crime is committed. ~~The fugitive apprehension unit members are not authorized to apply for a search warrant as prescribed in section 626.05.~~

Sec. 3. Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:

Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be placed in the challenge incarceration program:

(1) offenders who are committed to the commissioner's custody or any state or federal prison following a conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery, arson, drive-by shooting, criminal vehicular homicide or operation, or any other offense that includes characteristics involving death or ~~intentional personal injury~~ great bodily harm to the victim or victims as defined under section 609.02, or discharge of a firearm;

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(2) offenders who were ~~convicted within the preceding ten years of an offense described in clause (1) and were committed to the custody of the commissioner~~ released from the commissioner's custody or the custody of a state or federal prison unless five years have elapsed from the date of discharge or expiration of the sentence for an offense described under clause (1);

(3) offenders who have been convicted or adjudicated delinquent within the past five years for a violation of section 609.485;

(4) offenders who are ~~committed to the commissioner's custody for an offense that requires~~ required to complete predatory offender registration under section 243.166;

(5) offenders who have been reviewed by the commissioner and referred to the county for review for civil commitment as a sexual psychopathic personality, a sexually dangerous person, mentally ill, or mentally ill and dangerous to the public;

~~(5)~~ (6) offenders who are the subject of a current arrest warrant or detainer;

~~(6)~~ (7) offenders who have fewer than 180 days remaining until their supervised release date;

~~(7)~~ (8) offenders who have had ~~disciplinary confinement time added to their sentence~~ institution discipline resulting in extended incarceration or who have been placed in segregation, unless 90 days have elapsed from the imposition of the ~~additional disciplinary confinement time~~ extended incarceration or the last day of segregation;

~~(8)~~ (9) offenders who have received a suspended formal disciplinary sanction~~, unless the suspension~~ or imposed formal loss of privileges sanction until the sanction has expired;

~~(9)~~ (10) offenders whose governing sentence is for an offense from another state or the United States; and

~~(10)~~ (11) offenders who have a medical condition included on the list of ineligible conditions described in paragraph (b).

(b) The commissioner of corrections shall develop a list of medical conditions that will disqualify an offender from participating in the challenge incarceration program. The commissioner shall submit the list and any changes to it to the chairs and ranking minority members of the senate and house committees having jurisdiction over criminal justice policy and funding.

Sec. 4. Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a. Victim notification of petition and release; right to submit statement. (a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the behavior for which forms the basis for a commitment under this section or section 253B.185; and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or section 253B.185 that an act or acts constituting a crime occurred.

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(b) A county attorney who files a petition to commit a person under this section or section 253B.185 shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted. In addition, the county attorney shall make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily releasing a person committed under this section from a treatment facility, the head of the treatment facility shall make a reasonable effort to notify any victim of a crime for which the person was convicted that the person may be discharged or released and that the victim has a right to submit a written statement regarding decisions of the medical director, special review board, or commissioner with respect to the person. To the extent possible, the notice must be provided at least 14 days before any special review board hearing or before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial appeal panel with victim information in order to comply with the provisions of this section. The judicial appeal panel shall ensure that the data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred. A request for notice under this subdivision received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the head of the treatment facility. A county attorney who receives a request for notification under this paragraph following commitment shall promptly forward the request to the commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim under chapter 611A. This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253B.185, subdivision 10.

Sec. 5. Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:

Subd. 10. Victim notification of petition and release; right to submit statement. (a) As used in this subdivision:

(2) "victim" means a person who has incurred loss or harm as a result of a crime, the behavior for which forms the basis for a commitment under this section or section 253B.18; and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or section 253B.18, that an act or acts constituting a crime occurred.

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(b) A county attorney who files a petition to commit a person under this section shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted. In addition, the county attorney shall make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily releasing a person committed under this section from a treatment facility, the head of the treatment facility shall make a reasonable effort to notify any victim of a crime for which the person was convicted that the person may be discharged or released and that the victim has a right to submit a written statement regarding decisions of the head of the treatment facility or designee, or special review board, with respect to the person. To the extent possible, the notice must be provided at least 14 days before any special review board hearing or before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial appeal panel with victim information in order to comply with the provisions of this section. The judicial appeal panel shall ensure that the data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred or where the civil commitment was filed or, following commitment, the head of the treatment facility. A request for notice under this subdivision received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the head of the treatment facility. A county attorney who receives a request for notification under this paragraph following commitment shall promptly forward the request to the commissioner of human services.

(e) Rights under this subdivision are in addition to rights available to a victim under chapter 611A. This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18, subdivision 4a, 4b, or 5.

Sec. 6. Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:

Subdivision 1. Notice of release required. The commissioner of corrections or other custodial authority shall make a good faith effort to notify the victim that the offender is to be released from imprisonment or incarceration, including release on extended furlough and for work release; released from a juvenile correctional facility; released from a facility in which the offender was confined due to incompetency, mental illness, or mental deficiency, or commitment under section 253B.18 or 253B.185; or if the offender's custody status is reduced, if the victim has mailed to the commissioner of corrections or to the head of the facility in which the offender is confined a written request for this notice, or the victim has made a request for this notice to the commissioner of corrections through the Department of Corrections electronic victim notification system. The good faith effort to notify the victim must occur prior to the offender's release or when the offender's custody status is reduced. For a victim of a felony crime against the person for which the offender was sentenced to imprisonment for more than 18 months, the good faith effort to notify the victim must occur 60 days before the offender's release.

Sec. 7. Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:

Subd. 2. Contents of notice. The notice given to a victim of a crime against a person must include the conditions governing the offender's release, and either the identity of the corrections agent who will be supervising the offender's release or a means to identify the court services agency that will be supervising the offender's release. The commissioner or other custodial authority complies with this section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the commissioner or authority in writing, or by providing electronic notice to the victim who requested this notice through the Department of Corrections electronic victim notification system.

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Sec. 8. Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:

Subd. 2. Peace officer. The term "peace officer," as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, or State Patrol trooper as authorized by section 299D.03."

Delete the title and insert:

"A bill for an act relating to public safety; authorizing fugitive apprehension unit to apply for search warrants; narrowing selection criteria for challenge incarceration program; permitting victim notification to include electronic and written notification; eliminating a report; amending Minnesota Statutes 2010, sections 241.016, subdivision 1; 241.025, subdivision 2; 244.17, subdivision 3; 253B.18, subdivision 5a; 253B.185, subdivision 10; 611A.06, subdivisions 1, 2; 626.05, subdivision 2."

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.

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

H. F. No. 2455, A bill for an act relating to the city of Montgomery; authorizing the city to convey property for less than market value.

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

The report was adopted.

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

H. F. No. 2463, A bill for an act relating to liquor; authorizing purchase in special circumstances; amending Minnesota Statutes 2010, section 340A.301, subdivision 6a.

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.

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

H. F. No. 2491, A bill for an act relating to public safety; providing for a domestic abuse no contact order as a criminal order; modifying when proceeding occurs; amending Minnesota Statutes 2010, section 629.75, subdivision 1.

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.

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

H. F. No. 2545, A bill for an act relating to elections; modifying certificate on absentee ballot envelopes; amending Minnesota Statutes 2010, section 203B.21, subdivision 3.

Reported the same back with the following amendments:

Page 2, strike line 12

Page 2, after line 15, insert:

"EFFECTIVE DATE. This section is effective June 29, 2012."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1983, 2102, 2132, 2152, 2239, 2260, 2307, 2376, 2409, 2455 and 2545 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Liebling, Johnson, Allen, Champion and Laine introduced:

H. F. No. 2561, A bill for an act relating to public defenders; extending right of representation by public defenders to persons appealing misdemeanor convictions and postconviction proceedings; appropriating money; amending Minnesota Statutes 2010, section 611.14.

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

Banaian and Gruenhagen introduced:

H. F. No. 2562, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 2010, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 3B.

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

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Anderson, B., introduced:

H. F. No. 2563, A bill for an act relating to taxation; modifying the use of local sales tax revenues for the city of Clearwater; amending Laws 2008, chapter 366, article 7, section 19, subdivision 3, as amended.

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

Shimanski; Anderson, D.; Lohmer; McElfatrick and Anderson, B., introduced:

H. F. No. 2564, A bill for an act relating to civil liability; creating immunity for agritourism activities; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

Gruenhagen and Westrom introduced:

H. F. No. 2565, A bill for an act relating to natural resources; clarifying the removal of debris from public waters and shoreland; amending Minnesota Statutes 2010, sections 103F.211, by adding a subdivision; 103F.321, by adding a subdivision; 103G.245, subdivision 2.

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

LeMieur introduced:

H. F. No. 2566, A bill for an act relating to capital investment; appropriating money for asset preservation of the Charles A. Lindbergh House; 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.

LeMieur introduced:

H. F. No. 2567, A bill for an act relating to capital investment; appropriating money for the Todd County senior citizens center; authorizing the sale and issuance of state bonds.

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

Murphy, M., by request, introduced:

H. F. No. 2568, A bill for an act relating to retirement; adding the judicial branch to the state postretirement option program; amending Minnesota Statutes 2010, section 43A.346, subdivision 1.

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

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Mazorol, Atkins, Loon, Davnie and Westrom introduced:

H. F. No. 2569, A bill for an act relating to debt management and debt settlement; clarifying exemption for attorneys at law; amending Minnesota Statutes 2010, sections 332A.02, subdivision 8; 332B.02, subdivision 13.

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

Scott introduced:

H. F. No. 2570, A bill for an act relating to transportation; Anoka County; county state-aid highway system; changing designation of a county road without local approval.

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

Norton, Liebling and Benson, M., introduced:

H. F. No. 2571, A bill for an act relating to human services; expanding dental services for the disabled; amending Minnesota Statutes 2010, section 256B.0625, subdivision 9.

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

Hosch introduced:

H. F. No. 2572, A bill for an act relating to public safety; imposing a temporary moratorium on the establishment of new fire departments; requiring a report from the state fire marshal; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Dettmer introduced:

H. F. No. 2573, A bill for an act relating to higher education; modifying definition of contingent account owner for purposes of the college savings plan; amending Minnesota Statutes 2010, section 136G.03, subdivision 7.

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

Torkelson and Wagenius introduced:

H. F. No. 2574, A bill for an act relating to capital investment; appropriating money for the fisheries laboratory at the University of Minnesota; 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.

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Vogel and Gunther introduced:

H. F. No. 2575, A bill for an act relating to economic development; establishing a business advocate in the Department of Employment and Economic Development; 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.

Anzelc introduced:

H. F. No. 2576, A bill for an act relating to capital investment; appropriating money for the Wheeler's Point community sanitary sewer collection and treatment system; 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.

Torkelson introduced:

H. F. No. 2577, A bill for an act relating to education finance; permitting a onetime fund transfer for Independent School District No. 88, New Ulm.

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

Leidiger; Benson, M.; Murdock; Vogel and Beard introduced:

H. F. No. 2578, A bill for an act relating to metropolitan government; making certain Metropolitan Council guidelines and plans advisory; amending Minnesota Statutes 2010, sections 473.145; 473.175, subdivision 1; 473.206; 473.856; repealing Minnesota Statutes 2010, section 473.851.

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

Gottwalt introduced:

H. F. No. 2579, A bill for an act relating to education; meeting the needs of students with dyslexia and related disorders; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

Loon, Garofalo, Erickson, Myhra and Scott introduced:

H. F. No. 2580, A bill for an act relating to education; empowering parents to request a school district intervene in a persistently low-performing school; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

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Anderson, P., introduced:

H. F. No. 2581, A bill for an act relating to agriculture; providing for food law enforcement; making technical and conforming changes; repealing obsolete provisions; imposing penalties; amending Minnesota Statutes 2010, sections 17.982, subdivision 1; 17.983; 25.33, subdivisions 13, 14; 25.36; 25.37; 28A.03, subdivisions 3, 5, 6; 28A.21, subdivision 6; 31.01, subdivisions 2, 3, 4, 21, 25, 28; 31.121; 31.123; 31A.02, subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions 11, 12; proposing coding for new law as Minnesota Statutes, chapter 34A; repealing Minnesota Statutes 2010, sections 17.984; 28.15; 28A.12; 28A.13; 29.28; 31.031; 31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision 4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 32.078; 32.475, subdivision 7; 32.61; 32.90; 34.113; Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 7; 1550.1040, subparts 3, 4, 5, 6; 1550.1260, subparts 6, 7.

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

Gunther, Murdock, Melin, Mahoney and Nelson introduced:

H. F. No. 2582, A bill for an act relating to unemployment insurance; making federal conformity, policy, and other housekeeping changes; amending Minnesota Statutes 2010, sections 268.035, subdivision 12d; 268.042, subdivision 1; 268.044, subdivision 1; 268.046, subdivision 3; 268.047, subdivision 4; 268.051, subdivision 4; 268.085, subdivisions 5, 11, 15; 268.095, subdivision 6; 268.103, subdivision 1; 268.18, subdivisions 2, 2b, 4, 4a; 268.192, by adding a subdivision; 268.194, subdivision 1; Minnesota Statutes 2011 Supplement, sections 268.035, subdivision 20; 268.051, subdivision 5; 268.115, subdivision 1; 268.184, subdivisions 1, 1a.

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

Davids and Zellers introduced:

H. F. No. 2583, A bill for an act relating to taxation; authorizing the city of Maple Grove to create a soil deficiency tax increment financing district subject to special rules.

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

Kiffmeyer introduced:

H. F. No. 2584, A bill for an act relating to retirement; statewide and major local Minnesota defined benefit retirement plans; limiting contribution rate reductions or benefit improvements in certain instances; requiring funding recommendations from plan administrators in certain instances; amending Minnesota Statutes 2010, sections 352.03, by adding a subdivision; 352.04, subdivisions 2, 3; 352.045, subdivision 3; 352.85, subdivision 3; 352.86, subdivision 7; 352.87, subdivision 7; 352.92, subdivisions 1, 2; 352B.02, subdivisions 1a, 1c; 352B.03, by adding a subdivision; 353.03, by adding a subdivision; 353.27, subdivisions 2, 3, 3a, 3b; 353E.03; 354.06, by adding a subdivision; 354.42, subdivisions 2, 3, 4b; 354A.021, by adding a subdivision; 354A.12, subdivisions 1, 2a; 490.122, by adding a subdivision; 490.123, subdivisions 1a, 1b; Minnesota Statutes 2011 Supplement, section 353.65, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 356.

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

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Kriesel introduced:

H. F. No. 2585, A bill for an act relating to public safety; expanding and updating the authority of the Statewide Radio Board to include the latest emergency communication technologies; authorizing the Statewide Radio Board to elect to become a statewide emergency communication board; including tribal governments in regional radio board structure; providing comprehensive authority under board to address all emergency communications; providing for rulemaking; amending Minnesota Statutes 2010, sections 403.02; 403.025; 403.03; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2; 403.10; 403.11; 403.113; 403.15; 403.21, subdivisions 2, 13, by adding a subdivision; 403.37, subdivision 1; 403.38; 403.39; 403.40, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 403; repealing Minnesota Statutes 2010, sections 403.21, subdivision 6; 403.33.

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

Slawik and Wagenius introduced:

H. F. No. 2586, A bill for an act relating to natural resources; expanding state park fee discounts for disabled individuals; amending Minnesota Statutes 2010, sections 85.052, subdivision 3; 85.053, subdivision 7.

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

Garofalo; Quam; Anderson, B.; Abeler; McDonald and Nornes introduced:

H. F. No. 2587, A bill for an act relating to health; amending health professional education loan forgiveness program requirements; amending Laws 2011, First Special Session chapter 9, article 2, section 30.

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

Quam introduced:

H. F. No. 2588, A bill for an act relating to capital improvements; appropriating money for the restoration of Lake Zumbro in Olmsted and Wabasha Counties; 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.

Peppin introduced:

H. F. No. 2589, A bill for an act relating to watershed districts; requiring watershed districts in Hennepin County to get municipal approval before acquiring property in the municipality; amending Minnesota Statutes 2010, section 103D.335, subdivision 11.

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

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Rukavina and Melin introduced:

H. F. No. 2590, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land.

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

Howes, Carlson, Davids and Tillberry introduced:

H. F. No. 2591, A bill for an act relating to the city of Bloomington; allowing extension of a tax increment financing district.

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

Persell, Ward, Koenen and Wagenius introduced:

H. F. No. 2592, A bill for an act relating to capital investment; appropriating money for electric fish barriers; 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.

Falk introduced:

H. F. No. 2593, A bill for an act relating to education finance; modifying sparsity revenue for a school district that has ended an academic pairing agreement; amending Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 8a.

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

Falk and Greiling introduced:

H. F. No. 2594, A bill for an act relating to education; dissolving Independent School District No. 402, Hendricks.

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

Scott introduced:

H. F. No. 2595, A bill for an act relating to liquor; clarifying an exemption from dram shop insurance requirements for certain farm wineries; amending Minnesota Statutes 2010, section 340A.409, subdivision 4.

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

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Doepke, Pelowski and Greiling introduced:

H. F. No. 2596, A bill for an act relating to education; prohibiting the commissioner of education from enforcing unadopted rules; amending Minnesota Statutes 2010, section 127A.05, subdivision 4.

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

Franson, Quam and Lohmer introduced:

H. F. No. 2597, A bill for an act relating to human services; requiring drug testing for MFIP applicants and participants; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 256J.

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

Kelly introduced:

H. F. No. 2598, A bill for an act relating to capital investment; appropriating money for the west fire station and training facility in the city of Red Wing; authorizing the sale and issuance of state bonds.

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

Kriesel introduced:

H. F. No. 2599, A bill for an act relating to commerce; requiring use of an aversive agent in antifreeze; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Garofalo, Greene, Davids and Carlson introduced:

H. F. No. 2600, A bill for an act relating to capital improvements; appropriating money to preserve and renovate a facility that provides educational and cultural experiences to students, tourists, and Minnesota residents in the city of Minneapolis; 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.

Hancock and Howes introduced:

H. F. No. 2601, A bill for an act relating to capital improvements; appropriating money to establish the Northern Minnesota Veterans Home; authorizing the sale and issuance of state bonds.

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

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Abeler introduced:

H. F. No. 2602, A bill for an act relating to human services; modifying child care support provisions; amending Minnesota Statutes 2010, section 518A.40, subdivision 4.

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

Abeler introduced:

H. F. No. 2603, A bill for an act relating to human services; modifying chemical use assessment requirements for civil commitments; providing rulemaking authority; amending Minnesota Statutes 2010, section 254A.19, by adding a subdivision.

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

Quam; Norton; Benson, M.; Benson, J., and Dettmer introduced:

H. F. No. 2604, A bill for an act relating to education finance; expanding permissible fund transfers; amending Minnesota Statutes 2010, section 123B.79, subdivision 1; repealing Minnesota Statutes 2010, section 123B.79, subdivision 8.

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

Lohmer and Myhra introduced:

H. F. No. 2605, A bill for an act relating to education finance; clarifying shared time aid for home-schooled students attending charter schools; amending Minnesota Statutes 2010, section 126C.19, subdivision 2; Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 8.

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

Hausman, Howes, Gunther and Mahoney introduced:

H. F. No. 2606, A bill for an act relating to capital investment; appropriating money for expansion of the University Enterprise Laboratories building; authorizing the sale and issuance of state bonds.

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

Hosch and O'Driscoll introduced:

H. F. No. 2607, A bill for an act relating to taxation; sales and use; modifying exemptions; amending Minnesota Statutes 2010, section 297A.70, subdivision 4, by adding a subdivision.

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

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Anderson, B., introduced:

H. F. No. 2608, A bill for an act relating to motor vehicles; allowing vehicles bearing special veterans' plates to park free of charge in public parking facilities; proposing coding for new law in Minnesota Statutes, chapter 168.

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

Davids, Gottwalt, Fritz and Abeler introduced:

H. F. No. 2609, A bill for an act relating to taxation; sales and use; exempting most purchases by certain nursing homes and boarding care homes; amending Minnesota Statutes 2010, section 297A.70, by adding a subdivision.

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

Hackbarth introduced:

H. F. No. 2610, A bill for an act relating to local government; providing for rental housing inspections; imposing a criminal penalty for a false report; amending Minnesota Statutes 2010, section 504B.185; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Hackbarth introduced:

H. F. No. 2611, A bill for an act relating to game and fish; providing for primitive firearms hunting season; modifying shotgun use area; requiring rulemaking; amending Minnesota Statutes 2010, sections 97A.015, subdivisions 37a, 41a, by adding subdivisions; 97A.411, subdivision 3; 97A.475, subdivisions 2, 3; 97B.301, subdivisions 1, 2, 4; 97B.311; 97B.318, subdivision 1; Minnesota Statutes 2011 Supplement, sections 97B.031, subdivision 5; 97B.041; repealing Minnesota Statutes 2010, section 97A.015, subdivision 32a.

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

Woodard, LeMieur, Kieffer, Swedzinski and Daudt introduced:

H. F. No. 2612, A bill for an act relating to taxation; sales and use; expanding exemption for public safety radio communication systems; amending Minnesota Statutes 2010, section 297A.70, subdivision 8; Minnesota Statutes 2011 Supplement, section 297A.75, subdivisions 1, 2, 3.

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

Westrom introduced:

H. F. No. 2613, A bill for an act relating to taxation; property; allowing agricultural land located within five townships of the owner's home to be included in the agricultural homestead; amending Minnesota Statutes 2011 Supplement, section 273.124, subdivision 14.

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

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Mahoney introduced:

H. F. No. 2614, A bill for an act relating to state government; changing the mandatory retirement age for administrative law judges and compensation judges; amending Minnesota Statutes 2010, section 14.48, subdivision 4.

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

Hansen introduced:

H. F. No. 2615, A bill for an act relating to agriculture; increasing the pesticide gross sales fees; dedicating the proceeds to updating pesticide applicator education and certification; requiring reports; appropriating money; amending Minnesota Statutes 2010, sections 18B.26, subdivision 3; 18B.305; proposing coding for new law in Minnesota Statutes, chapter 18B.

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

Paymar introduced:

H. F. No. 2616, A bill for an act relating to occupational safety and health; permitting injured employees a civil remedy if an employer willfully or repeatedly violated safety laws; amending Minnesota Statutes 2010, section 182.666, subdivision 1.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 1467, A bill for an act relating to firearms; clarifying and delimiting the authority of public officials to disarm individuals at any time; clarifying law on use of force in defense of home and person; codifying and extending Minnesota's self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self-defense outside the home; expanding the boundaries of dwelling for purposes of self-defense; creating a presumption in the case of a person unlawfully entering a dwelling or occupied vehicle by stealth or force; extending the rights available to a person in that person's dwelling to a person defending against unlawful entry of that person's occupied vehicle; providing for the recognition by Minnesota of other states' permits to carry a pistol within and under the laws of Minnesota; amending Minnesota Statutes 2010, sections 609.065; 624.7131, subdivisions 7, 8; 624.714, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 624.

Cal R. Ludeman, Secretary of the Senate

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CONCURRENCE AND REPASSAGE

Cornish moved that the House concur in the Senate amendments to H. F. No. 1467 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1467, A bill for an act relating to firearms; clarifying and delimiting the authority of public officials to disarm individuals at any time; clarifying law on use of force in defense of home and person; codifying and extending Minnesota's self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self defense outside the home; expanding the boundaries of dwelling for purposes of self-defense; creating a presumption in the case of a person entering a dwelling or occupied vehicle by stealth or force; extending the rights available to a person in that person's dwelling to a person defending against entry of that person's occupied vehicle; providing for the recognition by Minnesota of other states' permits to carry a pistol within and under the laws of Minnesota; amending Minnesota Statutes 2010, sections 609.065; 624.7131, subdivisions 2, 8; 624.714, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 624.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 85 yeas and 47 nays as follows:

Those who voted in the affirmative were: