Journal of the House - 89th Day - Tuesday, March 20, 2012

A quorum was present.

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 - 89th Day - Tuesday, March 20, 2012 - Top of Page 6732

REPORTS OF CHIEF CLERK

S. F. No. 1735 and H. F. No. 2227, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Anderson, D., moved that S. F. No. 1735 be substituted for H. F. No. 2227 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2131 and H. F. No. 2378, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Vogel moved that the rules be so far suspended that S. F. No. 2131 be substituted for H. F. No. 2378 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2296 and H. F. No. 2545, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Sanders moved that S. F. No. 2296 be substituted for H. F. No. 2545 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 1031, A bill for an act relating to the legislature; modifying provisions governing the election of certain officers and the provision of certain services; establishing a records retention policy; amending Minnesota Statutes 2010, sections 3.06, subdivision 1; 3.303, by adding subdivisions.

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.

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

H. F. No. 1492, A bill for an act relating to mental health; adding a member to the State Advisory Council on Mental Health; amending Minnesota Statutes 2010, section 245.697, subdivision 1.

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

The report was adopted.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6733

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

H. F. No. 1586, A bill for an act relating to education; modifying provisions relating to allocation of funds for motorcycle safety education program; amending Minnesota Statutes 2010, section 121A.36.

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.

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

H. F. No. 1607, A bill for an act relating to the State Capitol; authorizing the State Patrol to provide security and protection to certain government officials; establishing a committee on capitol complex security; amending Minnesota Statutes 2010, section 299D.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299E.

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. 1821, A bill for an act relating to veterans; changing the small business set-aside program for veteran-owned small businesses; authorizing county set-aside programs for veteran-owned small businesses; changing reporting requirements; amending Minnesota Statutes 2010, section 161.321, subdivisions 2, 5, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 375.

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

The report was adopted.

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

H. F. No. 2009, A bill for an act relating to human services; changing human services legal provisions; modifying provisions related to human services licensing, licensing data, and the Office of Inspector General; amending the Human Services Background Studies Act; modifying municipal license provisions; providing for program integrity monitoring; requiring a report; amending Minnesota Statutes 2010, sections 13.46, subdivisions 2, 3, 4; 13.82, subdivision 1; 171.07, subdivision 1a; 245A.04, subdivisions 1, 5, 7, 11, by adding a subdivision; 245A.05; 245A.07, subdivision 3; 245A.14, subdivision 11, by adding a subdivision; 245A.146, subdivisions 2, 3; 245A.18, subdivision 1; 245A.22, subdivision 2; 245A.66, subdivisions 2, 3; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivisions 1, 2, 3, 4, 7, by adding a subdivision; 245C.07; 245C.08, subdivision 1; 245C.14, subdivision 2; 245C.16, subdivision 1; 245C.17, subdivision 2; 245C.22, subdivision 5; 245C.23, subdivision 2; 245C.24, subdivision 2; 256.01, by adding subdivisions; 256J.32, subdivision 4; 471.709; Minnesota Statutes 2011 Supplement, section 256B.04, subdivision 21; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Rules, part 9503.0150, item E.

Reported the same back with the following amendments:

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6734

Page 13, line 12, after "name," insert "and" and delete "and Social Security number of"

Page 13, delete line 13

Page 13, line 14, delete everything before "and"

Page 13, delete section 2

Page 18, after line 2, insert:

"Sec. 5. Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision to read:

Subd. 17. Child care education plan. Child care providers are not required to provide an education plan or curriculum that has been approved by the Department of Education as a condition for initial or renewed licensure under this chapter."

Page 26, line 16, delete "plan" and insert "plant"

Page 31, delete section 18

Page 32, delete section 21

Page 41, line 17, strike "is working for or an employee"

Page 41, line 18, strike "of" and insert "is hired or employed by, and exclusively provides treatment on the premises of,"

Page 41, delete section 1

Page 45, delete section 5

Page 45, line 31, delete "regularly" and insert "every six months"

Page 45, line 34, before the period, insert "within the previous six months"

Page 46, delete lines 1 to 4 and insert:

"(b) The commissioner shall determine whether the individuals who are the subject of the data reported under paragraph (a) are receiving publicly funded assistance under chapter 256D or 256J, and if an individual is receiving assistance under chapter 256D or 256J, the commissioner shall instruct the county to proceed under section 256D.024 and 256J.26 for this individual. If a person is determined to have violated sections 256D.024, 256J.26, or any other law or rule, the commissioner shall apply current law and immediately carry out the consequences according to section 256D.024, 256J.26, or any other applicable law or rule, and refer the matter to the county attorney.

(c) The commissioner shall not retain any data received under paragraph (a) that does not relate to an individual receiving publicly funded assistance under chapter 256J."

Page 46, before line 5, insert:

"Sec. 5. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision to read:

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6735

Subd. 18e. Data sharing with the Department of Human Services; multiple identification cards. (a) The commissioner of public safety shall, on a monthly basis, provide the commissioner of human services with the first, middle, and last name, the address, date of birth, and driver's license or state identification card number of all applicants and holders whose drivers' licenses and state identification cards have been canceled under section 171.14, paragraph (a), clause (2) or (3), by the commissioner of public safety. After the initial data report has been provided by the commissioner of public safety to the commissioner of human services under this paragraph, subsequent reports shall only include cancellations that occurred after the end date of the cancellations represented in the previous data report.

(b) The commissioner of human services shall compare the information provided under paragraph (a) with the commissioner's data regarding recipients of all public assistance programs managed by the Department of Human Services to determine whether any person with multiple identification cards issued by the Department of Public Safety has illegally or improperly enrolled in any public assistance program managed by the Department of Human Services.

(c) If the commissioner of human services determines that an applicant or recipient has illegally or improperly enrolled in any public assistance program, the commissioner shall provide all due process protections to the individual before terminating the individual from the program according to applicable statute and notifying the county attorney.

Sec. 6. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision to read:

Subd. 18f. Data sharing with the Department of Human Services; legal presence status. (a) The commissioner of public safety shall, on a monthly basis, provide the commissioner of human services with the first, middle, and last name, address, date of birth, and driver's license or state identification number of all applicants and holders of drivers' licenses and state identification cards whose temporary legal presence status date has expired and, as a result, the driver's license or identification card has been accordingly canceled under section 171.14, by the commissioner of public safety.

(b) The commissioner of human services shall use the information provided under paragraph (a) to determine whether the eligibility of any recipients of public assistance programs managed by the Department of Human Services has changed as a result of the status change in the Department of Public Safety data.

(c) If the commissioner of human services determines that a recipient has illegally or improperly received benefits from any public assistance program, the commissioner shall provide all due process protections to the individual before terminating the individual from the program according to applicable statute and notifying the county attorney."

Page 47, delete section 8

Page 48, delete section 9

Page 49, delete sections 10 to 12 and insert:

"Sec. 8. DIRECTIONS TO THE COMMISSIONER.

The commissioner of human services, in consultation with the commissioner of public safety, shall report to the legislative committees with jurisdiction over health and human services policy and finance regarding the implementations of sections 4 to 6 and the number of persons affected and fiscal impact by the program by February 1, 2013."

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Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 6, after "monitoring;" insert "requiring data sharing with the Department of Human Services; requiring eligibility determinations;"

Correct the title numbers accordingly

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. 2025, A bill for an act relating to education; expanding the postsecondary enrollment options program; establishing a career and technical education task force; amending Minnesota Statutes 2010, sections 124D.09, subdivisions 9, 10, 12, 24; 135A.101, subdivision 1; Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5; repealing Minnesota Statutes 2010, section 124D.09, subdivision 23.

Reported the same back with the following amendments:

Page 5, line 5, after the semicolon, insert "the Minnesota Association for Career and Technical Education;"

Page 5, line 11, delete everything after the period

Page 5, delete line 12

Page 5, line 13, before "force" insert "Task" and after "compensation" insert "or reimbursement for expenses related to task force activities"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Higher Education 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. 2041, A bill for an act relating to health; making changes to dental licensing provisions; amending Minnesota Statutes 2010, sections 150A.06, subdivisions 1c, 3, 4, 6, by adding a subdivision; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 150A.14.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6737

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

H. F. No. 2171, A bill for an act relating to natural resources; modifying game and fish license provisions; modifying civil liability for certain outdoor recreational activities; providing for taking wolf; modifying requirements to take and transport wild animals; modifying department authority and duties; creating walk-in access program; modifying predator control program; modifying deer baiting restrictions; modifying authority to remove beavers; providing for disposition of certain receipts; eliminating venison donation program; modifying snowmobile registration and trail sticker requirements; modifying snowmobile operation provisions; modifying watercraft license fees; modifying shooting range provisions; requiring rulemaking; providing civil penalties; appropriating money; amending Minnesota Statutes 2010, sections 3.736, subdivision 4; 84.027, subdivisions 14, 15; 84.82, subdivisions 2, 3; 84.8205, subdivision 1; 84.83, subdivisions 2, 3; 84.86, subdivision 1; 84.8712, subdivision 1; 86B.301, subdivision 2; 86B.415, subdivisions 1, 2, by adding a subdivision; 87A.01, subdivision 4; 87A.02, subdivision 2; 97A.015, subdivisions 3a, 53; 97A.065, subdivision 6; 97A.137, subdivision 5; 97A.421, subdivision 3; 97A.441, subdivision 7; 97A.451, subdivisions 3, 4, by adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2, 3, 20; 97A.482; 97B.001, subdivision 7; 97B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.055, subdivision 1; 97B.071; 97B.085, subdivision 3; 97B.328; 97B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1; 97B.805, subdivision 1; 97B.901; 97C.395, subdivision 1; 97C.515, subdivisions 2, 4, 5; 466.04, subdivisions 1, 3; Minnesota Statutes 2011 Supplement, sections 97A.075, subdivision 1, by adding a subdivision; 97B.075; 97B.645, subdivision 9; 97B.667; proposing coding for new law in Minnesota Statutes, chapters 97A; 97B; repealing Minnesota Statutes 2010, sections 17.035; 17.4993, subdivision 2; 87A.02, subdivision 1; 97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.303; 97B.645, subdivision 2; 97C.031; 97C.515, subdivision 5.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:

Subd. 3. Food. "Food" means articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article. Food does not mean hunter-harvested venison that a person donates for charitable purposes."

Page 11, line 22, strike everything after the first "for"

Page 11, strike lines 23 to 26

Page 11, line 27, strike everything before the period and insert "administration of the walk-in access program under section 97A.126"

Page 18, after line 30, insert:

"Sec. 34. Minnesota Statutes 2010, section 97A.475, subdivision 3a, is amended to read:

Subd. 3a. Deer license surcharge. A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or archery established under subdivisions 2, clauses (5), (6), (7), (11), and (13), and 3, paragraph (a), clauses (2), (3), (4), and (9). Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or archery established under section 97B.301, subdivision 4, must be increased by a surcharge of $1. An additional commission may not be assessed on the donation or surcharge and the following statement must be included in the annual deer hunting regulations: "The deer license donations and surcharges are being paid by hunters for deer management, including assisting with the costs of processing deer donated for charitable purposes."."

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6738

Page 19, delete section 36, and insert:

"Sec. 37. Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:

Subd. 7. Taking with firearms in certain areas. (a) A person may not take a wild animal with a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee:

(1) on another person's private land, if the land is not a licensed shooting preserve; or

(2) on a public right-of-way.

(b) A No person may ~~not take a wild animal with~~ shoot a firearm without the permission of the owner, occupant, or lessee, within 500 feet of a stockade or corral containing livestock. For the purposes of this paragraph, a "stockade or corral" means a fenced enclosure for containing livestock that does not enclose an area greater than one acre.

Page 28, after line 12, insert:

"Sec. 60. Minnesota Statutes 2010, section 97C.355, subdivision 1, is amended to read:

Subdivision 1. Identification required. All shelters on the ice of state waters, except portable shelters under subdivision 2a but including dark houses and fish houses, must have: (1) the owner's name and address, (2) the owner's driver's license number, or (3) the "MDNR#" license identification number issued to the owner legibly displayed on the exterior with characters at least two inches high.

Sec. 61. Minnesota Statutes 2010, section 97C.355, is amended by adding a subdivision to read:

Subd. 2a. Portable shelters. A person using a portable shelter that is not licensed under subdivision 2 must remain within 200 feet of the shelter while the shelter is on the ice of state waters."

Pages 31 to 32, delete sections 63 and 64

Page 32, line 27, delete "59" and insert "62"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete everything before "providing"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

The report was adopted.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6739

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

H. F. No. 2232, A bill for an act relating to human services; requiring data sharing with the Department of Human Services; requiring investigation of public assistance fraud; requiring eligibility determinations; amending Minnesota Statutes 2010, section 256.01, by adding subdivisions.

Reported the same back with the following amendments:

Page 1, line 13, delete "person" and insert "individual" and delete "every" and insert "during the previous"

Page 1, lines 15 and 16, after "chapter" insert "256D or"

Page 1, line 16, delete the first "the" and insert "any"

Page 1, line 17, delete "inform" and insert "instruct" and delete "of the need to assess whether the procedures" and insert "to proceed" and after "section" insert "256D.024 or"

Page 1, line 18, delete "should be initiated" and insert ", whichever is applicable,"

Page 2, line 16, delete "person" and insert "individual"

Page 3, line 9, delete the second "the" and delete "February" and insert "April"

Page 3, after line 9, insert:

"Sec. 5. EFFECTIVE DATE.

Sections 1 to 4 are effective January 1, 2013."

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.

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

H. F. No. 2337, A bill for an act relating to financing of state and local government; making changes to individual income, corporate franchise, property, sales and use, mineral, liquor, aggregate materials, local, and other taxes and tax-related provisions; changing and providing income and franchise tax credits, exemptions, and deductions; providing for taxation of foreign operating companies; providing a corporate tax benefit transfer program; changing certain mining tax rates and allocation of tax proceeds; changing property tax interest, credits, and exemptions, and providing for use of a local levy; phasing out the state general levy; modifying the renter property tax refund and providing a supplemental targeting refund; modifying city aid payments; modifying tax increment financing district requirements; authorizing, changing, and extending tax increment financing districts in certain local governments; changing sales and use tax payment requirements and changing and providing exemptions; modifying use of revenues and authorizing extension of certain sales and lodging taxes for certain cities; changing liquor tax reporting and credits; allocating funds to border city enterprise zones; authorizing certain local governments to issue public debt; establishing a truth in taxation task force; establishing a tax reform action committee; establishing a greater Minnesota internship program; requiring reports; requiring a funds transfer

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6740

appropriating money; amending Minnesota Statutes 2010, sections 116J.8737, subdivisions 5, 8, by adding a subdivision; 273.113; 275.025, subdivisions 1, 2, 4; 279.03, subdivisions 1a, 2; 289A.08, subdivision 3; 289A.20, subdivision 4; 290.01, subdivisions 19d, 29; 290.06, by adding subdivisions; 290.068, subdivision 1; 290.17, subdivision 4; 290.21, subdivision 4; 290A.04, subdivision 2a, by adding a subdivision; 290A.23, subdivision 1; 290B.07; 290B.08, subdivision 2; 297A.68, subdivision 5; 297A.70, subdivision 4, by adding a subdivision; 297A.8155; 297G.04, subdivision 2; 298.018, subdivision 1; 298.28, subdivision 4; 298.75, by adding a subdivision; 469.169, by adding a subdivision; 477A.011, subdivision 36; 477A.013, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 116J.8737, subdivisions 1, 2; 290.01, subdivision 19c; 290A.03, subdivisions 11, 13; 290A.04, subdivision 4; 298.01, subdivision 3; 298.015, subdivision 1; 298.28, subdivision 2; 469.176, subdivisions 4c, 4m; 469.1763, subdivision 2; 477A.013, subdivision 9; Laws 1971, chapter 773, section 1, subdivision 2, as amended; Laws 1988, chapter 645, section 3, as amended; Laws 1998, chapter 389, article 8, section 43, subdivision 3, as amended; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2003, chapter 127, article 12, section 28; Laws 2005, First Special Session chapter 3, article 5, section 37, subdivisions 2, 4; Laws 2008, chapter 366, article 5, section 34, as amended; article 7, section 19, subdivision 3, as amended; Laws 2010, chapter 389, article 1, section 12; proposing coding for new law in Minnesota Statutes, chapters 116J; 136A; repealing Minnesota Statutes 2010, section 290.0921, subdivision 7; Minnesota Statutes 2011 Supplement, section 289A.60, subdivision 31; Laws 2009, chapter 88, article 4, section 23, as amended.

Reported the same back with the following amendments:

Page 25, line 8, delete the first "city" and insert "total" and delete "base and the maximum total aid"

Page 25, line 9, delete ", subdivision 9,"

Page 51, line 29, before the semicolon, insert "(20)"

Page 92, line 3, delete "$......." and insert "$25,000"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2339, A bill for an act relating to health care; creating a health care compact; proposing coding for new law as Minnesota Statutes, chapter 143.

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. 2359, A bill for an act relating to counties; providing a process for making the county recorder appointive in Dodge County.

Reported the same back with the following amendments:

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6741

Page 1, after line 4, insert:

"Section 1. Minnesota Statutes 2010, section 375A.12, is amended by adding a subdivision to read:

Subd. 7. Retention election on appointee. (a) At the first general election after the effective date of this section, for any office made an appointed office after the effective date of this section, the county must at the first general election following appointment hold an election on whether to retain the person appointed. If the voters do not approve retention of the person appointed to the position, the appointee may stay in the position only until January 1 immediately following the election, at which time the county board of commissioners must appoint another person to the position. If the voters approve retention of the person appointed to the position, the county may retain the person and shall hold a retention election at a general election every four years while the same person holds the appointed office.

(b) The ballot question shall be:

"May the county board retain [name] as the person appointed and responsible for the functions of [county office title]?

	Yes ...………..
	No …………"

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

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "requiring retention elections for persons appointed to certain county offices;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 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; providing for food law enforcement; making technical and conforming changes; repealing obsolete provisions; imposing penalties; requiring reports; amending Minnesota Statutes 2010, sections 17.114, subdivisions 3, 4; 17.982, subdivision 1; 17.983; 18.87; 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; 25.33, subdivisions 5, 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; 31.13; 31.94; 31A.02, subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions 11, 12; 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,

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5, 10; 232.24, subdivisions 1, 2; 239.092; 239.093; Laws 2010, Second Special Session chapter 1, article 1, section 11; Laws 2011, chapter 14, section 6; proposing coding for new law as Minnesota Statutes, chapters 32C; 34A; repealing Minnesota Statutes 2010, sections 17.984; 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; 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; 35.243; 35.255; 35.67; 35.72, subdivisions 1, 2, 3, 4, 5; 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; 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 7; 1550.1040, subparts 3, 4, 5, 6; 1550.1260, subparts 6, 7; 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.

Reported the same back with the following amendments:

Page 3, delete section 3

Page 4, delete section 5

Page 6, delete section 8

Page 8, delete section 17

Page 21, after line 24, insert:

"Sec. 35. [32C.06] EXPIRATION.

If by August 1, 2017, the authority board has not identified and acquired a site for a facility, as provided in section 32C.02, subdivision 2, sections 32C.01 to 32C.05 are repealed on that date."

Page 25, delete section 47

Page 31, delete section 57

Page 33, after line 21, insert:

"Sec. 40. Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read:

Subd. 3. Exceptions. (a) The minimum content requirements of subdivision 2 do not apply to fuel used in the following equipment:

(1) motors located at an electric generating plant regulated by the Nuclear Regulatory Commission;

(2) railroad locomotives;

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(3) off-road taconite and copper mining equipment and machinery;

(4) off-road logging equipment and machinery; and

(5) ~~until May 1, 2010, vehicles and equipment used exclusively on an aircraft landing field~~ vessels of the United States Coast Guard and vessels subject to inspection under United States Code, title 46, section 3301, subsection (1), (9), (10), (13), or (15).

(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear Regulatory Commission has approved the use of biodiesel fuel in motors at electric generating plants under its regulation.

EFFECTIVE DATE. This section is effective April 1, 2012.

Sec. 41. Laws 2010, chapter 228, section 4, is amended to read:

Sec. 4. EXTENSION OF COMMISSIONER'S ORDER.

The order by the commissioner of commerce exempting number 1 diesel fuel from the biodiesel content requirements under Minnesota Statutes, section 239.77, subdivision 2, paragraph (a), is extended until March 31, ~~2012~~ 2015, for the months of October, November, December, January, February, and March.

EFFECTIVE DATE. This section is effective April 1, 2012."

Page 34, line 14, delete "27.19, subdivisions 2 and 3; 27.20;"

Page 34, line 16, delete "233.04;"

Page 35, line 30, delete "one or more of the clauses"

Page 35, line 31, delete "in"

Page 36, line 16, delete "one or more of"

Page 36, delete line 17 and insert "section 34A.02."

Page 40, line 13, delete "one or more of the"

Page 40, line 14, delete "clauses in"

Page 42, line 6, delete "one or more of the"

Page 42, delete line 7 and insert "section 34A.03."

Page 44, line 7, delete everything after "by"

Page 44, delete line 8 and insert "section 34A.02."

Page 45, line 11, delete everything after "by"

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6744

Page 45, delete line 12 and insert "section 34A.03."

Page 47, line 14, delete everything after "by"

Page 47, line 15, delete everything before the period and insert "section 34A.02"

Page 47, line 18, delete "one"

Page 47, line 19, delete everything before the period and insert "section 34A.03"

Page 47, line 22, delete "Only"

Page 47, line 23, delete everything after the period

Page 47, delete line 24

Page 53, after line 4, insert:

"Sec. 30. [34A.031] APPLICABILITY TO CHAPTERS 25 AND 32.

The enforcement provisions in this chapter do not apply to violations of chapters 25 and 32."

Page 53, delete subdivisions 3 and 4

Page 53, line 34, delete "5" and insert "3"

Page 56, line 10, delete "(a)"

Page 56, line 12, delete "a civil" and insert "an administrative"

Page 56, line 13, delete "plus attorney fees and costs"

Page 56, delete lines 14 to 16

Page 56, line 26, delete "judicial or"

Page 56, delete section 36

Page 58, delete lines 15 and 16

Page 59, delete subdivision 2

Page 61, line 5, delete "3" and insert "2"

Page 61, delete lines 26 to 28

Renumber the sections in sequence and correct the internal references

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6745

Amend the title as follows:

Page 1, line 3, after "enforcements," insert "seeds, commercial feed,"

Page 1, line 6, after "provisions;" insert "extending certain exceptions to the minimum content requirements for biodiesel;"

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. 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.

Reported the same back with the following amendments:

Page 2, line 2, before the period, insert ", and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2415, 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.

Reported the same back with the following amendments:

Page 2, after line 32, insert:

"Sec. 3. [241.241] PRISON GARDENING PROGRAM.

Subdivision 1. Establishment. The commissioner shall establish a gardening program for inmates at each correctional facility where space and security allows for operation of a garden. The garden shall be primarily tended by inmates. The commissioner shall strive to raise produce that can be used to feed inmates in state correctional facilities. The commissioner shall donate any portion of the harvest that cannot be used to feed inmates to food shelves and charities located near the correctional facility where the produce was grown.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6746

Subd. 2. Report. The commissioner shall include the following information in the annual report to the legislature required under section 241.016:

(1) the type and amount of produce raised in the gardening program;

(2) the amount of the harvest used to feed inmates and the amount used for other purposes;

(3) the amount of inmate time dedicated to the gardening program;

(4) the cost savings to the department from using prison-grown food to feed inmates; and

(5) the cost of operating the program.

EFFECTIVE DATE. This section is effective January 1, 2012."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "directing commissioner of corrections to implement a gardening program at state correctional facilities;"

Page 1, line 5, after the first semicolon, insert "adding information to a report;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2426, A bill for an act relating to state government; appropriating money for repairs of the Peace Officer's Memorial.

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.

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

H. F. No. 2447, A bill for an act relating to marriage; authorizing a judge from the Office of Administrative Hearings to perform marriages; amending Minnesota Statutes 2010, section 517.04.

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

The report was adopted.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6747

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

H. F. No. 2508, A bill for an act relating to public safety; aligning state-controlled substance schedules with federal controlled substance schedules; modifying the authority of the Board of Pharmacy to regulate controlled substances; providing for penalties; amending Minnesota Statutes 2010, section 152.02, as amended; Minnesota Statutes 2011 Supplement, section 152.027, subdivision 6.

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. 2555, A bill for an act relating to state government; implementing changes to the sunset review; changing certain agency requirements; requiring posting of convictions of felonies or gross misdemeanors and malpractice settlements or judgments for a regulated practitioner; requiring certain information on regulated practitioners; requiring a study; prohibiting transfer of certain funds; requiring reports; setting fees; appropriating money; amending Minnesota Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision; 148.102, by adding a subdivision; 148.263, by adding a subdivision; 148B.07, by adding a subdivision; 148C.095, by adding a subdivision; 148E.285, by adding a subdivision; 150A.13, by adding a subdivision; 153.24, by adding a subdivision; 214.06, subdivision 1, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06.

Reported the same back with the following amendments:

Page 2, line 29, strike "Combative Sports Commission,"

Page 3, delete section 6

Page 5, delete section 6

Page 5, line 34, before the second "the" insert "and"

Page 6, line 1, delete ", and the Combative Sports Commission"

Page 8, line 26, after "boards" insert ", as defined in section 214.01, subdivision 2, and the commissioner of health, as the regulator for occupational therapy practitioners, speech-language pathologists, audiologists, and hearing instrument dispensers,"

Page 10, line 25, delete "and regulated" and insert ", at the expense of the individual."

Page 10, line 26, delete everything before "The" and insert "A criminal background check on regulated individuals shall be conducted at least every six years at the time of license renewal, at the expense of the individual."

Page 10, line 28, before "require" insert "be effective January 1, 2014, and"

Page 11, line 28, after "board" insert ", as defined in section 214.01, subdivision 2, and the commissioner of health, as the regulator for occupational therapy practitioners, speech-language pathologists, audiologists, and hearing instrument dispensers,"

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6748

Page 12, delete section 28 and insert:

"Sec. 27. MEDICAL PRACTICE ACT; STUDY.

(a) The Board of Medical Practice shall convene a working group to evaluate the state's Medical Practice Act to ensure that it effectively protects the safety and well-being of the citizens of the state and allows transparency. In this evaluation, the working group shall consider practice acts in other states, including conduct that may result in disciplinary action.

(b) Members of the working group shall include:

(1) members of the Board of Medical Practice;

(2) practicing physicians recommended by the Minnesota Medical Association;

(3) medical educators from the University of Minnesota and the Mayo Clinic;

(4) two senators, one from each caucus, appointed by the subcommittee on committees, and two members of the house of representatives, one from each caucus, appointed by the speaker;

(5) consumers; and

(6) experts in the field of medical practice.

The majority of the working group must be composed of members who have no current or past affiliation with the Board of Medical Practice.

(c) Compensation for working group members is subject to Minnesota Statutes, section 15.059, subdivision 3, and must be paid from the operating funds of the Board of Medical Practice.

(d) The working group must elect a chair from its members.

(e) Meetings of the working group shall be open to the public.

(f) The board shall submit the report of the working group and legislation modifying the practice act for consideration during the 2013 legislative session.

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

Page 12, line 19, delete "25" and insert "five"

Page 13, line 8, delete "August 1, 2012" and insert "January 1, 2014"

Page 13, after line 19, insert:

"ARTICLE 3

TRANSFER OF COMBATIVE SPORTS DUTIES

Section 1. Minnesota Statutes 2010, section 341.21, is amended by adding a subdivision to read:

Subd. 3a. Commissioner. "Commissioner" means the commissioner of administration.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6749

Sec. 2. [341.221] ADVISORY COUNCIL.

The commissioner must appoint a Combative Sports Advisory Council to advise the commissioner on administration of duties under this chapter. The council must include members knowledgeable in the boxing and mixed martial arts industries and public members. Membership terms, removal of members, filling of vacancies, and compensation of members is as provided in section 15.059.

Sec. 3. Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:

Subdivision 1. Regulatory authority; combative sports. All combative sport contests are subject to this chapter. ~~The commission shall, for every combative sport contest:~~

~~(1) direct a commission member to be present; and~~

~~(2) direct the attending commission member to make a written report of the contest.~~

All combative sport contests within this state must be conducted according to the requirements of this chapter.

Sec. 4. Minnesota Statutes 2010, section 341.37, is amended to read:

341.37 APPROPRIATION.

A ~~commission~~ combative sports account is created in the special revenue fund. Money in the account is annually appropriated to the ~~commission~~ commissioner for the purposes of conducting its statutory responsibilities and obligations under this chapter.

Sec. 5. TRANSFER OF DUTIES.

The Combative Sports Commission is abolished. Duties of the commission are transferred to the commissioner of administration. Minnesota Statutes, section 15.039, subdivisions 1 to 6, apply to this transfer.

Sec. 6. REVISOR'S INSTRUCTION.

The revisor of statutes shall substitute the term "commissioner" for "commission" in each place the term "commission" appears in Minnesota Statutes, chapter 341.

Sec. 7. REPEALER.

Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.23; 341.24; and 341.26, are repealed.

Sec. 8. EFFECTIVE DATE.

This article is effective July 1, 2013."

Renumber the sections in sequence and correct the internal references

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6750

Amend the title as follows:

Page 1, line 7, after "fees" insert "abolishing the Combative Sports Commission and transferring combative sports duties to the commissioner of administration; establishing a Combative Sports Advisory Council;"

Correct the title numbers accordingly

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.

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

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; 268.069, subdivision 2; 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; 268.07, subdivision 2; 268.115, subdivision 1; 268.184, subdivisions 1, 1a; repealing Minnesota Rules, part 3315.0555, subparts 2, 3, 4.

Reported the same back with the following amendments:

Page 2, line 6, delete "three" and insert "to the greater of two requests for information, or two percent of all requests for information"

Page 2, line 7, delete "or more times"

Page 3, line 4, delete "(d)" and insert "(e)"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2685, A bill for an act relating to transportation; modifying provisions governing transportation policy and finance, including trunk highway designation, work and contracting on trunk highways, motor vehicles, motor vehicle weight limit regulations, motor vehicle titles, manufactured home titles, driver's education, metropolitan area transit service and fares, bridge inspections, brake requirements, special veterans license plates, pupil transportation, municipal state-aid street fund eligibility and apportionment, small vehicle passenger service, driver and vehicle information system, deputy registrars of motor vehicles, civilian escort drivers, bicycle equipment, school buses, small business contracts, and legislative reports; making contingent appropriations; setting fees; renumbering statutes; making technical changes; amending Minnesota Statutes 2010, sections 13.72, by adding a subdivision; 160.27, by adding a subdivision; 160.2715; 161.14, by adding a subdivision; 161.20, subdivision 4; 161.321; 161.3212; 162.09, by adding a subdivision; 165.01; 165.03; 168.013, subdivision 3; 168.10, subdivision 1a;

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6751

168.185; 168A.01, subdivision 16, by adding subdivisions; 168A.02, subdivision 3; 168A.04, subdivisions 1, 5, by adding a subdivision; 168A.05, subdivisions 1, 1a, 1b, 3; 168A.09, by adding a subdivision; 168A.141, subdivision 1; 168A.15, subdivision 2; 169.06, subdivision 4; 169.222, subdivision 6; 169.4501, subdivisions 1, 2; 169.4503, subdivisions 5, 20, by adding subdivisions; 169.451, subdivision 3; 169.4582, subdivision 2; 169.72, subdivision 1; 169.801, subdivision 10; 169.81, subdivision 3; 169.86, subdivision 3b; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 171.02, subdivision 2b; 174.03, subdivision 1b; 221.091, subdivision 2; 299D.085, subdivision 1, by adding a subdivision; 299D.09; 473.388, subdivisions 2, 4; Minnesota Statutes 2011 Supplement, sections 168.123, subdivision 1; 171.05, subdivision 2; 171.06, subdivision 2; 299A.705, subdivision 3; Laws 2009, chapter 158, section 10; Laws 2011, First Special Session chapter 3, article 1, section 4; proposing coding for new law in Minnesota Statutes, chapters 161; 168A; 171; repealing Minnesota Statutes 2010, sections 169.441, subdivision 5; 169.445, subdivision 2; 169.454, subdivision 10; Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700.

Reported the same back with the following amendments:

Page 22, line 13, delete "and is totally original,"

Page 22, line 19, delete the new language and reinstate the stricken language

Page 24, line 30, delete "1936" and insert "1919"

Page 26, delete lines 24 to 30 and insert:

"(b) As part of the application for certificate of title on a restored pioneer vehicle, the applicant shall supply evidence of the manufacturer's year, make, and model, and identifying number of the vehicle. A manufacturer's identifying number is valid under this paragraph if it matches a number permanently affixed, stamped, or otherwise assigned to at least one essential part of the motor vehicle, including but not limited to the engine block or the vehicle body. In the case of an insufficient application, the commissioner may require additional documentation to confirm the manufacturer's identifying number on the vehicle, including but not limited to photographic proof, copies of original vehicle catalogs, or certification letters from antique car collector organizations."

Page 26, delete section 25

Page 28, lines 18 to 19, delete the new language

Page 33, line 1, delete "and" and before the period, insert "; and (4) has obtained consent from the chief of police, or the chief's designee, of the city through which the motorcycle group is proceeding"

Page 33, delete line 26 and insert:

"(d) A"

Page 36, delete section 42

Page 49, after line 32, insert:

"Sec. 59. Minnesota Statutes 2010, section 325F.6644, subdivision 2, is amended to read:

Subd. 2. Title branding. Section 325F.6642 does not apply to (1) commercial motor vehicles with a gross vehicle weight rating of 16,000 pounds or more or to motorcycles, other than reconstructed vehicles, as defined in section 168A.01, subdivision 16; and (2) restored pioneer vehicles, as defined in section 168A.01, subdivision 16a."

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6752

Page 50, after line 25, insert:

"EFFECTIVE DATE. This section is effective August 1, 2012, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Page 51, after line 30, insert:

"EFFECTIVE DATE. This section is effective August 1, 2012, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Page 55, line 2, before the period, insert ", and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington"

Page 56, line 11, delete "34 and 54" and insert "33 and 52"

Page 56, line 12, delete "54" and insert "52" in both places

Renumber the sections in sequence and correct the internal references

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. 2704, A bill for an act relating to elections; changing the date of the state primary from August to June; changing the date of primary elections conducted by a political subdivision, in certain circumstances; amending Minnesota Statutes 2010, sections 204B.14, subdivision 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2; Minnesota Statutes 2011 Supplement, sections 204B.14, subdivision 2; 205A.06, subdivision 1a.

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

The report was adopted.

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

H. F. No. 2727, A bill for an act relating to education; providing for policy for prekindergarten through grade 12 education, including general education, education excellence, and special programs; amending Minnesota Statutes 2010, sections 120A.20, subdivision 2; 120A.22, subdivisions 4, 11; 122A.415, subdivision 3, by adding subdivisions; 122A.416; 123B.36, subdivision 1; 123B.92, subdivision 3; 124D.08, by adding a subdivision; 124D.09, subdivision 22; 125A.14; 125A.19; 125A.515, subdivision 1; 126C.13, subdivision 4; 127A.47, subdivision 1; Minnesota Statutes 2011 Supplement, sections 120A.24, subdivisions 1, 2; 120B.30, subdivision 1;

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6753

124D.10, subdivisions 1, 4, 6, 13, 14, 25; 126C.10, subdivision 1; Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 16; repealing Minnesota Statutes 2010, sections 125A.16; 125A.80; 126C.10, subdivisions 34, 35, 36; 127A.47, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 11, after "pupil's" insert "district of"

Page 2, line 15, after "a" insert "public"

Page 2, delete section 2

Page 3, line 22, strike "homeschool" and insert "provide instruction in a nonpublic school that is not accredited by a state-recognized accrediting agency"

Page 4, line 10, strike "home school under section 120A.22, subdivision 6" and insert "nonpublic school that is not accredited by a state-recognized accrediting agency"

Page 4, after line 19, insert:

"Sec. 5. Minnesota Statutes 2011 Supplement, section 121A.15, subdivision 8, is amended to read:

Subd. 8. Report. The administrator or other person having general control and supervision of the elementary or secondary school shall file a report with the commissioner on all persons enrolled in the school. The superintendent of each district shall file a report with the commissioner for all persons within the district receiving instruction in a ~~home~~ nonpublic school that is not accredited by a state-recognized accrediting agency in compliance with sections 120A.22 and 120A.24. The parent of persons receiving instruction in a ~~home~~ nonpublic school shall submit the statements as required by subdivisions 1, 2, 3, 4, and 12 to the superintendent of the district in which the person resides by October 1 of the first year of their ~~homeschooling~~ attending a nonpublic school that is not accredited by a state-recognized accrediting agency in Minnesota and the grade 7 year. The school report must be prepared on forms developed jointly by the commissioner of health and the commissioner of education and be distributed to the local districts by the commissioner of health. The school report must state the number of persons attending the school, the number of persons who have not been immunized according to subdivision 1 or 2, and the number of persons who received an exemption under subdivision 3, clause (c) or (d). The school report must be filed with the commissioner of education within 60 days of the commencement of each new school term. Upon request, a district must be given a 60-day extension for filing the school report. The commissioner of education shall forward the report, or a copy thereof, to the commissioner of health who shall provide summary reports to boards of health as defined in section 145A.02, subdivision 2. The administrator or other person having general control and supervision of the child care facility shall file a report with the commissioner of human services on all persons enrolled in the child care facility. The child care facility report must be prepared on forms developed jointly by the commissioner of health and the commissioner of human services and be distributed to child care facilities by the commissioner of health. The child care facility report must state the number of persons enrolled in the facility, the number of persons with no immunizations, the number of persons who received an exemption under subdivision 3, clause (c) or (d), and the number of persons with partial or full immunization histories. The child care facility report must be filed with the commissioner of human services by November 1 of each year. The commissioner of human services shall forward the report, or a copy thereof, to the commissioner of health who shall provide summary reports to boards of health as defined in section 145A.02, subdivision 2. The report required by this subdivision is not required of a family child care or group family child care facility, for prekindergarten children enrolled in any elementary or secondary school provided services according to sections 125A.03 and 125A.06, nor for child care facilities in which at least 75 percent of children in the facility participate on a onetime only or occasional basis to a maximum of 45 hours per child, per month.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6754

Sec. 6. Minnesota Statutes 2011 Supplement, section 121A.15, subdivision 9, is amended to read:

Subd. 9. Definitions. As used in this section the following terms have the meanings given them.

(a) "Elementary or secondary school" includes any public school as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or nonpublic school, church, or religious organization, or ~~home~~ nonpublic school that is not accredited by a state-recognized accrediting agency in which a child is provided instruction in compliance with sections 120A.22 and 120A.24.

(b) "Person enrolled in any elementary or secondary school" means a person born after 1956 and enrolled in grades kindergarten through 12, and a child with a disability receiving special instruction and services as required in sections 125A.03 to 125A.24 and 125A.65, excluding a child being provided services at the home or bedside of the child or in other states.

(c) "Child care facility" includes those child care programs subject to licensure under chapter 245A, and Minnesota Rules, chapters 9502 and 9503.

(d) "Family child care" means child care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence.

(e) "Group family child care" means child care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence."

Page 7, delete section 11

Page 8, line 28, after "pupil's" insert "district of"

Page 20, after line 2, insert:

"Sec. 8. Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 17a, is amended to read:

Subd. 17a. Affiliated nonprofit building corporation. (a) Before a charter school may organize an affiliated nonprofit building corporation (i) to renovate or purchase an existing facility to serve as a school or (ii) to construct a new school facility, an authorizer must submit an affidavit to the commissioner for approval in the form and manner the commissioner prescribes, and consistent with paragraphs (b) and (c) or (d).

(b) An affiliated nonprofit building corporation under this subdivision must:

(1) be incorporated under section 317A and comply with applicable Internal Revenue Service regulations;

(2) submit to the commissioner each fiscal year a list of current board members and a copy of its annual audit; and

(3) comply with government data practices law under chapter 13.

An affiliated nonprofit building corporation must not serve as the leasing agent for property or facilities it does not own. A charter school that leases a facility from an affiliated nonprofit building corporation that does not own the leased facility is ineligible to receive charter school lease aid. The state is immune from liability resulting from a contract between a charter school and an affiliated nonprofit building corporation.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6755

(c) A charter school may organize an affiliated nonprofit building corporation to renovate or purchase an existing facility to serve as a school if the charter school:

(1) has been operating for at least five consecutive school years;

(2) has had a net positive unreserved general fund balance as of June 30 in the preceding five fiscal years;

(3) has a long-range strategic and financial plan;

(4) completes a feasibility study of available buildings; ~~and~~

(5) documents enrollment projections and the need to use an affiliated building corporation to renovate or purchase an existing facility to serve as a school; and

(6) has a plan for the renovation or purchase, which describes the parameters and budget for the project.

(d) A charter school may organize an affiliated nonprofit building corporation to expand an existing school facility or construct a new school facility if the charter school:

(1) demonstrates the lack of facilities available to serve as a school;

(2) has been operating for at least eight consecutive school years;

(3) has had a net positive unreserved general fund balance as of June 30 in the preceding eight fiscal years;

(4) completes a feasibility study of facility options;

(5) has a long-range strategic and financial plan that includes enrollment projections and demonstrates the need for constructing a new school facility; and

(6) has a plan for the expansion or new school facility, which describes the parameters and budget for the project.

(e) A charter school or an affiliated nonprofit building corporation organized by a charter school must not initiate an installment contract for purchase, or a lease agreement, or solicit bids for new construction, expansion, or remodeling of an educational facility that requires an expenditure in excess of $1,400,000, unless it meets the criteria in paragraph (b) and paragraph (c) or (d), as applicable, and receives a positive review and comment from the commissioner under section 123B.71."

Renumber the sections in sequence and correct the internal references

Correct the title numbers accordingly

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

The report was adopted.

Journal of the House - 89th Day - Tuesday, March 20, 2012 - Top of Page 6756

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

H. F. No. 2763, A bill for an act relating to real property; registered land; providing for registration for time share interests; amending Minnesota Statutes 2010, sections 508.58, subdivision 2, by adding subdivisions; 508.71, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 16, delete "recorder" and insert "registrar of titles"

Amend the title as follows:

Page 1, line 4, delete "; 508.71, by adding a subdivision"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2770, A bill for an act relating to legislative enactments; correcting erroneous, ambiguous, and omitted text and obsolete references; removing redundant, conflicting, and superseded provisions; making miscellaneous corrections to laws, statutes, and rules; amending Minnesota Statutes 2010, sections 5.25, subdivision 1; 12A.04; 12A.08, subdivision 1; 12A.09, subdivision 2; 12A.10, subdivision 1; 12A.12, subdivision 1; 13.383, subdivision 10; 13.6401, subdivision 2; 13.716, subdivision 1; 13.7191, by adding subdivisions; 13.805, subdivision 1; 60A.0811, subdivision 1; 62L.05, subdivision 13; 67A.40, subdivision 1; 82B.195, subdivision 1; 124D.09, subdivision 16; 129D.01; 144.291, subdivision 2; 144A.01, subdivision 4; 145.883, subdivision 1; 145A.12, subdivision 7; 145A.131, subdivision 3; 148D.061; 148D.062, subdivision 4; 148D.063, subdivision 2; 148E.100, subdivision 2a; 148E.105, subdivision 2a; 148E.106, subdivision 2a; 148E.110, subdivision 1a; 148E.115, subdivision 1a; 148E.130, subdivision 1a; 171.306, subdivision 7; 204B.04, subdivision 3; 204B.07, subdivision 1; 204B.11, subdivision 2; 204B.13, subdivision 6; 205.02, subdivision 2; 205A.06, subdivision 1; 214.01, subdivision 2; 216B.1694, subdivision 2; 245.4835, subdivision 1; 256B.0625, subdivision 19c; 256B.0755, subdivision 1; 256B.094, subdivision 6; 256B.69, subdivision 20; 256B.75; 256J.49, subdivision 4; 256L.12, subdivision 6; 270B.14, subdivision 11; 273.1392; 282.08; 297I.06, subdivision 2; 298.018; 299L.03, subdivision 1; 349.15, subdivision 2; 349.151, subdivisions 2, 4a; 349.166, subdivision 1; 352.01, subdivision 11; 352D.05, subdivision 3; 353.46, subdivision 6; 390.32, subdivision 9; 609.131, subdivision 2; Minnesota Statutes 2011 Supplement, sections 12A.05, subdivision 1; 12A.06, subdivision 1; 12A.07, subdivision 1; 60A.206, subdivision 3; 122A.41, subdivision 5; 123B.75, subdivision 5; 124D.10, subdivision 15; 127A.441; 176.307; 256B.021, subdivision 4; 268.035, subdivision 29; 270C.991, subdivision 4; 297A.668, subdivision 7; 297A.70, subdivision 3; 297A.75, subdivision 1; 349.15, subdivision 1; 353.6511, subdivisions 2, 7; 353.667, subdivision 8; 353.668, subdivision 8; 402A.35, subdivision 4; 515B.1-102; 515B.3-105; 515B.3-1151; Laws 2011, First Special Session chapter 8, article 7, section 19; repealing Minnesota Statutes 2010, sections 62Q.10; 148C.04, subdivision 3; 326B.82, subdivision 1; Laws 2011, chapter 22, article 1, section 1; Laws 2011, First Special Session chapter 9, article 6, section 87; Minnesota Rules, part 4604.0600, subpart 2.

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

The report was adopted.

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

H. F. No. 2828, A bill for an act relating to local government; authorizing the city of Albert Lea to offer industrial sewer charge rebates as an economic development incentive.

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. 2829, A bill for an act relating to counties; providing a process for making certain county offices appointive in Kandiyohi, Lyon, and Swift Counties.

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. 2861, A bill for an act relating to local government; authorizing municipalities to make grants to emergency medical services agencies; amending Minnesota Statutes 2010, section 465.037.

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

The report was adopted.

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

H. F. No. 2875, A bill for an act relating to state government; changing provisions of grant management; changing control and oversight of the film production jobs program to the commissioner of administration; amending Minnesota Statutes 2010, sections 16B.98, subdivisions 5, 7; 116U.26.

Reported the same back with the recommendation that the bill pass and be re-referred to the Legacy Funding Division.

The report was adopted.

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

S. F. No. 1586, 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.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 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.

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

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(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 because of 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.

For these affirmative defenses, a defendant bears only the burden of production. A defendant's failure to meet the burden of production does not relieve the state of its burden of persuasion as to all elements of the offense.

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

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.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1492, 1607, 2337, 2339, 2359, 2404, 2415, 2447, 2508, 2582, 2704, 2763, 2770, 2828, 2829 and 2861 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1735, 2131, 2296 and 1586 were read for the second time.

FISCAL CALENDAR ANNOUNCEMENT

Pursuant to rule 1.22, Holberg announced her intention to place H. F. No. 2337 on the Fiscal Calendar for Wednesday, March 21, 2012.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Downey introduced:

H. F. No. 2939, A bill for an act relating to education finance; modifying certain petition requirements for proposals for detachment and annexation; amending Minnesota Statutes 2010, section 123A.45, subdivision 2.

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

Murphy, E., introduced:

H. F. No. 2940, A bill for an act relating to human services; increasing the medical assistance income limit for certain adults without children; amending Minnesota Statutes 2010, section 256B.056, subdivision 4.

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

Murphy, E., introduced:

H. F. No. 2941, A bill for an act relating to human services; establishing a coordinated care system for medical assistance enrollees who are adults without children; 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 Reform.

Lesch and Gruenhagen introduced:

H. F. No. 2942, A bill for an act relating to family law; allowing virtual parenting time; amending Minnesota Statutes 2010, sections 518.1705, subdivisions 2, 3, 9; 518.175, subdivision 1.

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

Smith introduced:

H. F. No. 2943, A bill for an act relating to capital investment; appropriating money for reconstruction of Oak Street in city of Maple Plain; authorizing the sale and issuance of state bonds.

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

Kiffmeyer, Westrom and Vogel introduced:

H. F. No. 2944, A bill for an act relating to prescription drug labeling; establishing best practices; proposing coding for new law in Minnesota Statutes, chapter 145.

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

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McNamara and Wagenius introduced:

H. F. No. 2945, A bill for an act relating to natural resources; providing for general permits; modifying provisions for taking wild animals; providing for taking wolves; modifying fees and surcharges; modifying permit provisions for aquatic plant control; providing for product stewardship program; eliminating loan program; eliminating certain report requirements; appropriating money; amending Minnesota Statutes 2010, sections 13.7411, subdivision 4; 84.0895, subdivision 7; 86B.415, subdivision 7; 97A.015, subdivision 53; 97A.401, subdivision 1; 97A.411, subdivision 1; 97A.435, subdivision 2; 97A.451, subdivisions 2, 3, 4, 5, by adding a subdivision; 97A.473, subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 2, 3, 4, 6, 8, 11, 12, 20, 43, 44, 45; 97A.485, subdivision 7; 97B.020; 97B.601, subdivision 4; 97B.603; 97B.605; 97B.715, subdivision 1; 97B.801; 97C.301, subdivision 3; 97C.305, subdivisions 1, 2; 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, sections 97A.075, by adding a subdivision; 97A.475, subdivision 7; 97B.645, subdivision 9; 103G.615, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 97B; 115A; repealing Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.451, subdivisions 3a, 7; 97A.4742, subdivision 4; 103G.705, subdivision 1.

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

FISCAL CALENDAR

Pursuant to rule 1.22, Holberg requested immediate consideration of H. F. No. 2738.

H. F. No. 2738 was reported to the House.

Winkler offered an amendment to H. F. No. 2738, the second engrossment.

POINT OF ORDER

Dean raised a point of order pursuant to rule 3.21 that the Winkler amendment was not in order. The Speaker ruled the point of order well taken and the Winkler amendment out of order.

Winkler offered an amendment to H. F. No. 2738, the second engrossment.

POINT OF ORDER

Dean raised a point of order pursuant to rule 3.21 that the Winkler amendment was not in order. The Speaker ruled the point of order well taken and the Winkler amendment out of order.

Norton offered an amendment to H. F. No. 2738, the second engrossment.

POINT OF ORDER

Holberg raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Norton amendment was not in order. The Speaker ruled the point of order well taken and the Norton amendment out of order.

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Simon moved to amend H. F. No. 2738, the second engrossment, as follows:

Page 1, line 12, strike "and" and insert a comma

Page 1, line 13, after "election" insert ", and whose physical identity or likeness has been verified before voting in a manner prescribed by law"

Page 1, line 20, delete "A voter in a polling place on election day must present valid government-issued"

Page 1, line 21, delete "photographic identification before receiving a ballot." and delete the second "photographic"

Page 1, line 22, delete everything before the period and delete "unable to present government-issued" and insert "whose physical identity or likeness has not been verified as prescribed by law"

Page 2, line 6, delete "all voters to present"

Page 2, line 7, delete "valid photo identification on election day" and insert "verification of a voter's physical identity or likeness before voting"

Page 2, line 12, delete "Photo Identification" and insert "Physical Identity Verification"

A roll call was requested and properly seconded.

The question was taken on the Simon amendment and the roll was called. There were 59 yeas and 74 nays as follows:

Those who voted in the affirmative were: