STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2012
_____________________
ONE
HUNDRED FIRST DAY
Saint Paul, Minnesota, Thursday, April 5, 2012
The House of
Representatives convened at 10:00 a.m. and was called to order by Greg Davids, Speaker
pro tempore.
Prayer was offered by the Reverend Grady
St. Dennis, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Atkins, Buesgens, Greiling, Holberg,
Hornstein, Paymar and Wardlow were excused.
Falk was excused until 12:10 p.m. Garofalo was excused until 12:35 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Dean from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 1485, A bill for an act relating to gambling; modifying certain rates of tax on lawful gambling; providing for electronic linked bingo games, electronic pull-tab games, and sports-themed tipboard games; making clarifying, conforming, and technical changes; appropriating money; amending Minnesota Statutes 2010, sections 297E.01, subdivisions 7, 8, 9; 297E.02, subdivisions 1, 3, 6, 7, 10, 11, by adding a subdivision; 297E.13, subdivision 5; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18, 25b, 25c, 25d, 29, 31, 32, 34, 35, by adding subdivisions; 349.13; 349.151, subdivisions 4b, 4c, by adding subdivisions; 349.155, subdivisions 3, 4; 349.161, subdivisions 1, 5; 349.162, subdivision 5; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions 2, 3, by adding a subdivision; 349.165, subdivision 2; 349.17, subdivisions 6, 7, 8, by adding a subdivision; 349.1711, subdivisions 1, 2; 349.1721; 349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivisions 1a, 2c; repealing Minnesota Statutes 2010, section 297E.02, subdivision 4.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
Dean from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2810, A bill for an act relating to stadiums; providing for a new National Football League stadium in Minnesota; establishing a Minnesota Stadium Authority; authorizing the sale and issuance of state appropriation bonds; abolishing the Metropolitan Sports Facilities Commission; providing for use of certain local tax revenue; providing for electronic pull-tab games, electronic linked bingo games, and sports-themed tipboard games; providing for the conditional imposition of certain taxes and collection of other revenues; modifying certain rates of tax on lawful gambling; appropriating money; amending Minnesota Statutes 2010, sections 3.971, subdivision 6; 3.9741, by adding a subdivision; 13.55, subdivision 1; 297A.71, by adding subdivisions; 297A.75, as amended; 297E.01, subdivisions 7, 8, 9; 297E.02, subdivisions 1, 3, 6, 7, 10, 11, by adding subdivisions; 297E.13, subdivision 5; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18, 25b, 25c, 25d, 29, 31, 32, 34, 35, by adding subdivisions; 349.13; 349.151, subdivisions 4b, 4c, by adding subdivisions; 349.155, subdivisions 3, 4; 349.161, subdivisions 1, 5; 349.162, subdivision 5; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions 2, 3, by adding a subdivision; 349.165, subdivision 2; 349.17, subdivisions 6, 7, 8, by adding a subdivision; 349.1711, subdivisions 1, 2; 349.1721; 349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivisions 1a, 2c; 352.01, subdivision 2a; 473.121, subdivision 5a; 473.164; 473.565, subdivision 1; Minnesota Statutes 2011 Supplement, sections 10A.01, subdivision 35; 340A.404, subdivision 1; 473.757, subdivision 11; Laws 1986, chapter 396, sections 4, as amended; 5, as amended; proposing coding for new law in Minnesota Statutes, chapters 16A; 297A; 349A; proposing coding for new law as Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections 297E.02, subdivision 4; 473.551; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17; 473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.598; 473.599; 473.76.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Government Operations and Elections.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Kriesel and Lanning introduced:
H. F. No. 2994, A bill for an act relating to State Lottery;
authorizing director of the State Lottery to adopt rules for electronic scratch
ticket devices; amending Minnesota Statutes 2010, section 297A.65; Minnesota
Statutes 2011 Supplement, section 349.15, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 349A.
The bill was read for the first time and referred to the
Committee on Government Operations and Elections.
Mahoney, Hamilton, Tillberry, Beard and Anzelc introduced:
H. F. No. 2995, A bill for an act relating to stadiums;
providing for a new National Football League Stadium in Minnesota; establishing
a Minnesota Stadium Authority; abolishing the Metropolitan Sports Facilities
Commission; providing for use of certain local tax revenue; authorizing
electronic pull-tabs and bingo; authorizing the sale and issuance of state
appropriation bonds; appropriating money; amending Minnesota Statutes 2010,
sections 3.971, subdivision 6; 3.9741, by adding a subdivision; 13.55,
subdivision 1; 297A.71, by adding subdivisions; 349.12, subdivisions 3b, 3c, 5,
6a, 12a, 18, 25b, 25c, 25d, 29, 31, 32, by adding subdivisions; 349.13;
349.151, subdivisions 4b, 4c, by adding a subdivision; 349.161, subdivisions 1,
5; 349.162, subdivision 5; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions
2, 3, by adding a subdivision; 349.17, subdivisions 6, 7, 8, by adding a
subdivision; 349.1721; 349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10;
349.211, subdivision 1a; 352.01, subdivision 2a; 473.121, subdivision 5a;
473.164; 473.565, subdivision 1; Minnesota Statutes 2011 Supplement, sections
10A.01, subdivision 35; 340A.404, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 16A; proposing coding for new law as Minnesota
Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections 473.551;
473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13;
473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17;
473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592, subdivision 1;
473.595; 473.598; 473.599; 473.76.
The bill was read for the first time and referred to the
Committee on Government Operations and Elections.
Peppin and Hilstrom introduced:
H. F. No. 2996, A bill for an act relating to trademarks;
enacting the Minnesota Small Business Trademark Protection Act; providing for a
dispute settlement conference; amending Minnesota Statutes 2010, section
333.18, by adding subdivisions; proposing coding for new law in Minnesota
Statutes, chapter 333.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance.
Murdock introduced:
H. F. No. 2997, A bill for an act relating to life
insurance; modifying provisions related to preneed group life insurance and
graded death benefits provided on preneed policies; amending Minnesota Statutes
2010, sections 60A.02, subdivision 28; 72A.207.
The bill was read for the first time and referred to the
Committee on Commerce and Regulatory Reform.
Crawford, Rukavina and Davids introduced:
H. F. No. 2998, A bill for an act relating to community
foundations; establishing an endow Minnesota program; authorizing matching
grants and providing tax credits to encourage contributions; authorizing
rulemaking; amending Minnesota Statutes 2010, sections 290.06, by adding a
subdivision; 297I.20, by adding a subdivision; 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.
Dean moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Davids.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2738, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; requiring voters to present photographic identification; providing photographic identification to voters at no charge; requiring substantially equivalent verification standards for all voters; allowing provisional balloting for voters unable to present photographic identification.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 203, A bill for an act relating to regulatory reform; providing that certain rules take effect only upon legislative approval; amending Minnesota Statutes 2010, section 14.19; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2010, section 14.127.
The Senate has appointed as such committee:
Senators Senjem, Gazelka and Stumpf.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1816, A bill for an act relating to public safety; authorizing federally licensed firearms importers, manufacturers, and dealers to possess and sell firearm silencers to government agencies, the military, and other licensed firearms importers, manufacturers, and dealers; amending Minnesota Statutes 2011 Supplement, section 609.66, subdivision 1h.
The Senate has appointed as such committee:
Senators Ingebrigtsen, Harrington and Nelson.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2128, A bill for an act relating to health; licensing emergency medical personnel; making changes to the Cooper/Sams volunteer ambulance program; amending Minnesota Statutes 2010, sections 144E.001, subdivisions 1b, 3a, 4a, 4b, 5c, 5d, 5e, 6, 11, 14, by adding subdivisions; 144E.01, subdivision 1; 144E.101, subdivisions 2, 6, 7, 9, 10, 12; 144E.103; 144E.127, subdivision 2; 144E.265, subdivision 2; 144E.27, subdivisions 1, 2, 3, 5, by adding a subdivision; 144E.275, subdivision 3; 144E.28, subdivisions 1, 5, 7; 144E.283; 144E.285; 144E.286, subdivision 3; 144E.29; 144E.30, subdivision 3; 144E.305, subdivision 2; 144E.31; 144E.32, subdivision 2; 144E.35, subdivision 1; 144E.41; 144E.52; Minnesota Statutes 2011 Supplement, sections 144E.001, subdivision 5f; 144E.28, subdivision 9; repealing Minnesota Rules, parts 4690.0100, subparts 16, 17; 4690.1400.
The Senate has appointed as such committee:
Senators Hoffman, Lourey, and Rosen.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2173, A bill for an act relating to consumer protection; clarifying the definition of home solicitation sale; amending Minnesota Statutes 2010, section 325G.06, subdivision 2.
The Senate has appointed as such committee:
Senators Daley, Bonoff and Rest.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 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; 168A.05, subdivision 3; 168A.09, by adding a subdivision; 168A.15, subdivision 2; 325F.6644, subdivision 2.
The Senate has appointed as such committee:
Senators Nelson, Gimse and Gazelka.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2244, A bill for an act relating to the permanent school fund; changing the Permanent School Fund Advisory Committee into a legislative commission; establishing a permanent school fund board; granting the board authority to employ a director to oversee, manage, and administer school trust lands; amending Minnesota Statutes 2010, sections 16A.06, subdivision 11; 16A.125, subdivision 5; 84.027, subdivision 18; 84.085, subdivision 1; 92.12, subdivision 1; 92.121; 92.13; 93.2236; 94.342, subdivision 5; 127A.30; 477A.11, subdivisions 3, 4, by adding a subdivision; 477A.12, subdivisions 2, 3; Minnesota Statutes 2011 Supplement, section 477A.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127A.
The Senate has appointed as such committee:
Senators Kruse, Bakk, Carlson, Olson and Thompson.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 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.
The Senate has appointed as such committee:
Senators Newman, Ingebrigtsen and Reinert.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2398, A bill for an act relating to agriculture; modifying provisions related to pesticides, plants, nursery law, inspections, enforcements, seeds, commercial feed, 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; extending certain exceptions to the minimum content requirements for biodiesel; imposing penalties; providing certain counties capital improvement plan authority; modifying treatment of certain secured or guaranteed loans; requiring reports; amending Minnesota Statutes 2010, sections 17.114, subdivisions 3, 4; 17.982, subdivision 1; 17.983; 18B.065, subdivision 2a; 18B.316, subdivision 6; 18G.02, subdivision 14; 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.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; 48.24, subdivision 5; 223.16, subdivision 12; 223.17, subdivisions 1, 4, 9; 232.21, subdivisions 2, 6, 12; 232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 10; 232.24, subdivisions 1, 2; 239.092; 239.093; 239.77, subdivision 3; Laws 2010, chapter 228, section 4; 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; 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; 233.05; 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.
Cal R. Ludeman, Secretary of the Senate
Anderson, P., moved that the House refuse
to concur in the Senate amendments to H. F. No. 2398, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1750, A bill for an act relating to natural resources; modifying Heartland Trail; providing for expedited exchanges of certain lands; adding to and deleting from state parks, state recreation areas, and state forests; authorizing public and private sale of certain state lands; modifying certain easements; modifying certain lease provisions; modifying Mississippi River management plan; amending Minnesota Statutes 2010, sections 84.631; 85.015, subdivision 12; 92.50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 92.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Carlson, Ingebrigtsen and Skoe.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Cal R. Ludeman, Secretary of the Senate
Hancock moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 1750. The motion prevailed.
REPORT
FROM THE COMMITTEE ON RULES
AND
LEGISLATIVE ADMINISTRATION
Dean from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Thursday, April
5, 2012:
H. F. No. 2731;
S. F. Nos. 2131 and 1620; H. F. Nos. 2276 and 718; S. F. Nos. 1621, 1236 and
2060; H. F. No. 2437;
S. F. Nos. 1492, 1553 and 1675; H. F. No. 2223; S. F. No. 1875; H. F. No. 1993;
and S. F. Nos. 1599 and 1524.
CALENDAR FOR
THE DAY
S. F. No. 1236 was reported
to the House.
Lesch moved to amend S. F. No. 1236, the
first engrossment, as follows:
Page 2, line 4, delete "whether
known or"
Page 2, line 5, delete "unknown,"
A roll call was requested and properly
seconded.
The
Speaker assumed the Chair.
The question was taken on the Lesch
amendment and the roll was called.
Pursuant to rule 2.05, Morrow was excused
from voting on the Lesch amendment to S. F. No. 1236, the first
engrossment.
There were 52 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Champion
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Fritz
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Fritz was excused between the hours of
12:15 p.m. and 12:45 p.m.
S. F. No. 1236, A bill for an act relating to civil law; limiting successor corporation asbestos-related liabilities; proposing coding for new law in Minnesota Statutes, chapter 604A.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called.
Pursuant to rule 2.05, Morrow was excused
from voting on the final passage of S. F. No. 1236.
There were 69 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
McElfatrick
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The
bill was passed and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Holberg requested
immediate consideration of S. F. No. 1543.
S. F. No. 1543, A bill for an act relating to human services; providing medical assistance coverage for community paramedic services; amending Minnesota Statutes 2010, section 256B.0625, by adding a subdivision.
The bill was read for the third time and placed
upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2398:
Anderson, P.; Hamilton; Kiel; Swedzinski
and Eken.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1750:
Hancock, McNamara and Rukavina.
Champion was excused between the hours of
12:40 p.m. and 3:15 p.m.
FISCAL
CALENDAR, Continued
Pursuant to rule 1.22, Holberg requested
immediate consideration of H. F. No. 2164.
H. F. No. 2164 was reported
to the House.
McNamara moved to amend H. F. No. 2164, the second engrossment, as follows:
Page 40, delete section 59
Page 41, delete section 60
Page 56, delete section 91
Page 72, delete section 110
Page 73, after line 10, insert:
"Sec. 111. 2009
LOTTERY-IN-LIEU APPROPRIATION EXTENSION.
The appropriation in Minnesota Laws 2009, chapter 37, article 1, section 4, subdivision 5, from the natural resources fund from the revenue deposited under Minnesota Statutes, section 297A.94, paragraph (e), clause (4), for local grants is available until June 30, 2013."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Nelson moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 71, delete section 108
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Nelson
amendment and the roll was called. There
were 55 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Abeler, Dittrich and Hackbarth moved to amend
H. F. No. 2164, the second engrossment, as amended, as follows:
Page 73, after line 10, insert:
"Sec. 114. THREE
RIVERS PARK DISTRICT; INTERNSHIPS.
For calendar years 2012 and 2013, the
Three Rivers Park District shall create 100 youth summer internship
opportunities. The district shall pay
each intern a stipend of $3,720.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Knuth moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 57, after line 20, insert:
"Sec. 94. Minnesota Statutes 2010, section 116.9405, is amended to read:
116.9405
APPLICABILITY.
The requirements of sections 116.9401 to 116.9407
116.9408 do not apply to:
(1) chemicals in used children's products;
(2) priority chemicals used in the manufacturing process, but that are not present in the final product;
(3) priority chemicals used in agricultural production;
(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter 86B or their component parts, except that the use of priority chemicals in detachable car seats is not exempt;
(5) priority chemicals generated solely as combustion by-products or that are present in combustible fuels;
(6) retailers;
(7) pharmaceutical products or biologics;
(8) a medical
device as defined in the federal Food, Drug, and Cosmetic Act, United States
Code, title 21, section 321(h);
(9) food and food or beverage packaging, except a container containing baby food or infant formula;
(10) consumer electronics products and
electronic components, including but not limited to personal computers; audio
and video equipment; calculators; digital displays; wireless phones; cameras;
game consoles; printers; and handheld electronic and electrical devices used to
access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union,
adopted by the European Parliament and Council of the European Union now or
hereafter in effect; or
(11) outdoor sport equipment, including
snowmobiles as defined in section 84.81, subdivision 3; all-terrain vehicles as
defined in section 84.92, subdivision 8; personal watercraft as defined in
section 86B.005, subdivision 14a; watercraft as defined in section 86B.005,
subdivision 18; and off-highway motorcycles, as defined in section 84.787,
subdivision 7, and all attachments and repair parts for all of this equipment;
or
(12) a children's product, the annual production of which is less than 3,000 units.
Sec. 95. [116.9408]
REPORTING INFORMATION ON PRIORITY CHEMICALS.
(a) Within 180 days after a priority
chemical is designated under section 116.9403, or, for a priority chemical
designated under section 116.9403 before July 1, 2011, by January 1, 2013, a
manufacturer or distributor of a children's product offered for sale in the
state that contains a priority chemical must, unless the children's product is
not subject to regulation under section 116.9405, provide the following
information to the agency on a form developed by the commissioner:
(1) the name of the priority chemical
and its Chemical Abstracts Service Registry number;
(2) in which of the following
categories the children's product containing a priority chemical belongs:
(i) Category 1: a children's product intended to be used by
children three years of age or younger or intended to be placed in a child's
mouth or directly applied to a child's skin;
(ii) Category 2: a children's product intended to be in direct
contact with a child's skin for one hour or longer, including but not limited
to clothing, jewelry, bedding, or a car seat;
(iii) Category 3: a children's product intended to be in direct
contact with a child's skin for less than one hour; or
(iv) Category 4: a children's product in which a priority chemical
is only contained in an internal component not intended to be in direct contact
with a child's skin or mouth;
(3) an estimate of the total amount of
the priority chemical contained in each product and product component, a
description of how the estimate was made, and an evaluation of the estimate's
accuracy;
(4) the number of units of the
children's product sold or distributed in Minnesota or nationally;
(5) any assessment of the use of safer
alternatives to the priority chemical contained in the children's product;
(6) any other information the
manufacturer deems relevant; and
(7) any information requested by the
commissioner.
(b) If the information required in
paragraph (a) is not submitted in a timely fashion or is incomplete or
otherwise unacceptable as determined by the agency, the agency may contract
with an independent third party of the agency's choice to provide the
information and may assess a fee on the manufacturer or distributor that is
equal to the costs billed by the independent contractor plus the agency's
actual costs incurred to bid and administer the contract.
(c) Following the initial submission of
the information required under paragraph (a), a manufacturer or distributor of
a children's product offered for sale in the state that continues to contain a
priority chemical must submit the information required under paragraph (a) to
the agency every two years thereafter.
(d) Agency review of information submitted under this section, and any agency action taken with respect to the information following review, shall be funded entirely from existing appropriations."
Page 73, after line 10, insert:
"Sec. 114. REVISOR'S
INSTRUCTION.
The revisor of statutes shall change the range reference "sections 116.9401 to 116.9407" to "sections 116.9401 to 116.9408" wherever it appears in Minnesota Statutes and Minnesota Rules."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Knuth
amendment and the roll was called. There
were 59 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, S.
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The motion did not prevail and the
amendment was not adopted.
Thissen was excused between the hours of
1:05 p.m. and 2:05 p.m.
Drazkowski; Anzelc; Crawford; McDonald; Stensrud; Hancock; Scott; Wardlow; Rukavina; Erickson; Anderson, B.; Dill; Daudt; Melin; Nornes; Quam; Buesgens; Shimanski; Runbeck; Howes; Myhra; Kelly; Benson, M., and Hackbarth moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 33, after line 14, insert:
"Sec. 53. Minnesota Statutes 2010, section 103G.005, subdivision 15, is amended to read:
Subd. 15. Public waters. (a) "Public waters" means:
(1) water basins assigned a shoreland management classification by the commissioner under sections 103F.201 to 103F.221;
(2) waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction;
(3) meandered lakes, excluding lakes that have been legally drained;
(4) water basins previously designated by the commissioner for management for a specific purpose such as trout lakes and game lakes pursuant to applicable laws;
(5) water basins designated as scientific and natural areas under section 84.033;
(6) water basins located within and totally surrounded by publicly owned lands;
(7) water basins where the state of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership;
(8) water basins where there is a publicly owned and controlled access that is intended to provide for public access to the water basin;
(9) natural and altered watercourses with a total drainage area greater than two square miles;
(10) natural and altered watercourses designated by the commissioner as trout streams; and
(11) public waters wetlands, unless the statute expressly states otherwise.
(b) Public waters are not determined exclusively by the proprietorship of the underlying, overlying, or surrounding land or by whether it is a body or stream of water that was navigable in fact or susceptible of being used as a highway for commerce at the time this state was admitted to the union.
(c) Public waters shall not mean unmeandered lakes of 40 acres or less that are completely surrounded by one private land owner."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question
was taken on the Drazkowski et al amendment and the roll was called. There were 51 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Benson, M.
Bills
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Howes
Kelly
Kiffmeyer
Koenen
Leidiger
LeMieur
Lohmer
McDonald
McElfatrick
Melin
Murray
Myhra
Nornes
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Scott
Shimanski
Stensrud
Swedzinski
Westrom
Spk. Zellers
Those who voted in the negative were:
Abeler
Allen
Barrett
Beard
Benson, J.
Brynaert
Carlson
Clark
Cornish
Davnie
Dittrich
Eken
Falk
Fritz
Gauthier
Gottwalt
Greene
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Knuth
Kriesel
Laine
Lanning
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McFarlane
McNamara
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Norton
O'Driscoll
Pelowski
Persell
Peterson, S.
Poppe
Scalze
Schomacker
Simon
Slawik
Slocum
Smith
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Winkler
Woodard
The
motion did not prevail and the amendment was not adopted.
The Speaker called Davids to the Chair.
Persell moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 44, delete section 70
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Persell
amendment and the roll was called. There
were 57 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, B.
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slocum
Tillberry
Wagenius
Ward
Westrom
Winkler
Those who voted in the negative were:
Abeler
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Slawik
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Greene moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 2, delete section 2
Page 55, delete section 89
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Greene
amendment and the roll was called. There
were 42 yeas and 83 nays as follows:
Those who voted in the affirmative were:
Allen
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Falk
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Persell
Peterson, S.
Scalze
Simon
Slawik
Slocum
Tillberry
Wagenius
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Hosch
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Westrom
Woodard
Spk. Zellers
The motion did not prevail and the
amendment was not adopted.
Winkler moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 2, delete section 1
Page 19, delete section 25
Page 20, lines 20 to 22, reinstate the stricken language
Page 23, delete sections 30 and 31
Page 24, delete sections 32 to 34
Page 25, delete sections 36 and 37
Page 72, delete section 112
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Winkler
amendment and the roll was called. There
were 56 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Rukavina, Dill, Fabian and Erickson moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 26, after line 21, insert:
"Sec. 40. Minnesota Statutes 2010, section 97B.328, subdivision 1, is amended to read:
Subdivision 1. Hunting with aid of bait or feed prohibited. Except as provided in subdivision 5, a person may not hunt deer:
(1) with the aid or use of bait or feed; or
(2) in the vicinity of bait or feed if the person knows or has reason to know that bait or feed is present.
Sec. 41. Minnesota Statutes 2010, section 97B.328, is amended by adding a subdivision to read:
Subd. 5. Persons age 65 or older; firearms season. Notwithstanding subdivision 1, clause (1), a person age 65 years or older may hunt deer during the firearms season with the aid or use of bait or feed. Bait or feed placed by a person under this subdivision must be removed no less than three days before the opening of the firearms deer season."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question
was taken on the Rukavina et al amendment and the roll was called. There were 17 yeas and 108 nays as follows:
Those who voted in the affirmative were:
Bills
Cornish
Crawford
Daudt
Davids
Dill
Downey
Drazkowski
Erickson
Fabian
Franson
Howes
Kiffmeyer
Peppin
Petersen, B.
Rukavina
Scott
Those who voted in the negative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Carlson
Clark
Davnie
Dean
Dettmer
Dittrich
Doepke
Eken
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Persell
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The motion did not prevail and the
amendment was not adopted.
Greene was excused for the remainder of today's
session.
Ward moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 14, delete section 17 and insert:
"Sec. 17. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is amended to read:
Subd. 5. Civil
penalties. (a) A civil
citation issued under this section must impose the following penalty amounts:
(1) for transporting aquatic macrophytes in
violation of section 84D.09, $50 $100;
(2) for placing or attempting to place into
waters of the state water-related equipment that has aquatic macrophytes
attached, $100 $200;
(3) for unlawfully possessing or
transporting a prohibited invasive species other than an aquatic macrophyte, $250
$500;
(4) for placing or attempting to place into
waters of the state water-related equipment that has prohibited invasive
species attached when the waters are not designated by the commissioner as
being infested with that invasive species, $500 for the first offense and
$1,000 for each subsequent offense;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to have drain plugs or
similar devices removed or opened while transporting water-related equipment or
for failing to remove plugs, open valves, and drain water from
water-related equipment, other than marine sanitary systems, before leaving
waters of the state, $50 $100; and
(7) for transporting infested water off riparian property without a permit as required by rule, $200.
(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a)."
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Ward
amendment and the roll was called. There
were 64 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, S.
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Doepke
Eken
Falk
Franson
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Nelson
Nornes
Norton
Pelowski
Persell
Peterson, S.
Poppe
Runbeck
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Downey
Drazkowski
Erickson
Fabian
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Leidiger
LeMieur
Lohmer
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murphy, M.
Murray
Myhra
O'Driscoll
Peppin
Petersen, B.
Quam
Rukavina
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Woodard
Spk. Zellers
The
motion prevailed and the amendment was adopted.
Ward moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 14, after line 20, insert:
"Sec. 17. Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 3, is amended to read:
Subd. 3. Criminal
penalties. (a) A person who violates
a provision of sections 84D.03 or 84D.06 to 84D.11, or a rule adopted under
section 84D.12, is guilty of a misdemeanor.
(b) A person who possesses, transports, or introduces a prohibited invasive species in violation of section 84D.05 is guilty of a misdemeanor. A person who willfully possesses, transports, or introduces a prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor. A person who imports, purchases, sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor.
(c) A person who refuses to obey an order of a peace officer or conservation officer to remove prohibited invasive species or aquatic macrophytes from any water-related equipment is guilty of a gross misdemeanor."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Ward
amendment and the roll was called. There
were 57 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, S.
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Doepke
Eken
Falk
Franson
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Moran
Mullery
Murphy, E.
Murphy, M.
Norton
Pelowski
Persell
Peterson, S.
Poppe
Scalze
Simon
Slawik
Slocum
Smith
Thissen
Tillberry
Vogel
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dill
Downey
Drazkowski
Erickson
Fabian
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Leidiger
LeMieur
Lohmer
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Murdock
Murray
Myhra
Nelson
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Hansen moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 72, after line 23, insert:
"Sec. 111. QUAGGA
MUSSEL REPORT.
By January 1, 2013, the commissioner of natural resources shall prepare and submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources regarding the status and potential for quagga mussel infestation in the state, including, in consultation with the commissioner of transportation, a review of vehicle weigh stations as potential inspection stations."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hansen
amendment and the roll was called. There
were 59 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Smith
Thissen
Tillberry
Vogel
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Drazkowski moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 62, lines 19 to 21, delete the new language
Page 62, line 23, delete "; and" and reinstate the period
Page 62, delete lines 24 to 27
A roll call was requested and properly
seconded.
The question was taken on the Drazkowski
amendment and the roll was called. There
were 68 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anderson, S.
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The
motion prevailed and the amendment was adopted.
Peppin, Dittrich, Stensrud, Downey, Scott and Hortman moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 2, after line 16, insert:
"ARTICLE 1
POLICY"
Page 73, after line 19, insert:
"ARTICLE 2
THREE RIVERS PARK DISTRICT
Section 1. Minnesota Statutes 2010, section 383B.68, subdivision 1, is amended to read:
Subdivision 1. As
provided in this section. Notwithstanding
any provision of sections 398.02 to 398.04, or any other law to the contrary,
the Board of Park District Commissioners of the Three Rivers Park District
shall consist of seven commissioners appointed or elected as provided in
this section.
Sec. 2. Minnesota Statutes 2010, section 383B.68, is amended by adding a subdivision to read:
Subd. 3a. Election of park commissioners. (a) Seven park district commissioners
shall be elected without party designation to represent those portions of
Hennepin County outside of the city of Minneapolis. Elections under this subdivision must be held
at the same time and in the same manner as elections for the office of county
commissioner.
(b) The park district commissioners shall be elected from districts established pursuant to subdivision 4. Each park district commissioner elected under this paragraph must be a resident of the district represented. No more than one commissioner may be elected from each district. Each park district commissioner serves for a four-year term and until a successor is elected and qualified, except that the term of each park district commissioner elected at the general election held in the year of a federal census shall be two years and until a successor is elected and qualified. At the general election following redistricting as required in subdivision 4, the four commissioners from odd-numbered districts shall be elected for four-year terms and the three commissioners from even-numbered districts shall be elected for two-year terms. If a vacancy occurs in the office of any commissioner elected pursuant to this paragraph, the Board of Park District Commissioners shall appoint a successor residing in that district to fill the unexpired term.
Sec. 3. Minnesota Statutes 2010, section 383B.68, subdivision 4, is amended to read:
Subd. 4. Decennial
redistricting. After September 1,
1985 the effective date of this act, and after at least 30 days'
notice and public hearing, the Board of Park District Commissioners of the
Three Rivers Park District shall divide the territory of Hennepin County
outside the city of Minneapolis into five seven districts, which
constitute the Three Rivers Park District.
Each district shall be composed of contiguous territory as regular and
compact in form as practicable and as nearly equal in population as possible,
provided that no district shall vary in population more than ten percent from
the average of all the districts, unless compliance with this requirement
requires division of a voting precinct. After
each federal census and by the date prescribed for redistricting of election
districts in section 204B.135, subdivision 2, after at least 30 days' notice
and public hearing, the Board of Park District Commissioners of the Three
Rivers Park District shall redistrict the territory of the Three Rivers Park
District into new commissioner districts as necessary to comply with the provisions
of this subdivision. The districts
established pursuant to this subdivision shall remain effective until new
districts are established. Any person
aggrieved by a districting plan established pursuant to this subdivision may
challenge the plan in the same manner as a county commissioner districting plan
may be challenged pursuant to section 375.025.
The district court in reviewing any challenge to a districting plan
under this subdivision shall proceed in the manner prescribed by section
375.025. Each districting plan
established pursuant to this subdivision shall be filed in the office of the
director of finance of Hennepin County or any successor office and shall be
effective 31 days after its publication in a newspaper of general circulation
in the county.
Sec. 4. REPEALER.
Minnesota Statutes 2010, section
383B.68, subdivisions 2 and 3, are repealed.
Sec. 5. EFFECTIVE
DATE.
Sections 1 to 4 are effective the day after the board of commissioners of the Three Rivers Park District and its chief clerical officer timely comply with the provisions of Minnesota Statutes, section 645.021, subdivisions 2 and 3, and apply to the election of park commissioners at the 2012 general election and thereafter."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Falk moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 62, after line 28, insert:
"Sec. 100. [394.302]
SILICA SAND MINING.
Subdivision 1. Silica
sand mining is a conditional use. Silica
sand mining may be conducted within the jurisdiction of the county only
pursuant to conditional use permit.
Subd. 2. Conditional
use ordinance requirements. In
addition to any other condition, a county conditional use ordinance for silica
sand mining must require the permit applicant to have a comprehensive
reclamation plan and to pay a fee into an account held by the county that will
be sufficient to pay all costs of reclamation of the land when the mining
operation is ended. All interest earned
on the fees on deposit for a permit holder must be credited to that permit
holder's account with the county. All
money in the account must be used for reclamation of the land affected by the
mining operation, whether directly or indirectly.
Sec. 101. [462.3596]
SILICA SAND MINING.
Subdivision 1. Silica
sand mining is a conditional use. Silica
sand mining may be conducted within the jurisdiction of the municipality only
pursuant to conditional use permit.
Subd. 2. Conditional use ordinance requirements. In addition to any other condition, a municipal conditional use ordinance for silica sand mining must require the permit applicant to have a comprehensive reclamation plan and to pay a fee into an account held by the municipality that will be sufficient to pay the costs of reclamation of the land when the mining operation is ended. All interest earned on the fees on deposit for a permit holder must be credited to that permit holder's account with the municipality. All money in the account must be used for reclamation of the land affected by the mining operation, whether directly or indirectly."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Falk
amendment and the roll was called. There
were 41 yeas and 82 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Benson, J.
Brynaert
Carlson
Clark
Davids
Davnie
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Johnson
Kahn
Kelly
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Moran
Mullery
Murphy, E.
Murphy, M.
Norton
Persell
Scalze
Simon
Slawik
Slocum
Tillberry
Wagenius
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Huntley
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Thissen
Torkelson
Urdahl
Vogel
Ward
Westrom
Woodard
The
motion did not prevail and the amendment was not adopted.
Hortman moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 57, after line 20, insert:
"Sec. 94. [116.941]
DEFINITIONS.
(a) For the purposes of sections
325F.174 to 325F.176, the following terms have the meanings given them.
(b) "Child" means a person
under 12 years of age.
(c) "Children's product" means
a consumer product intended for use by a child, such as baby products, toys,
car seats, crib sheets, personal care products, and clothing.
Sec. 95. [116.942]
FORMALDEHYDE IN CHILDREN'S PRODUCTS.
By January 1, 2013, no manufacturer may
sell or offer for sale in this state a children's product that contains
formaldehyde.
Sec. 96. [116.943]
REPLACEMENT CHEMICALS.
A manufacturer shall not replace formaldehyde as a result of the prohibitions in section 325F.175 with a chemical that has been identified as a priority chemical under section 116.9403."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hortman
amendment and the roll was called. There were 74 yeas and 51 nays as
follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, D.
Anderson, S.
Anzelc
Barrett
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Falk
Franson
Fritz
Garofalo
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
McFarlane
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Murray
Nelson
Norton
Pelowski
Peppin
Persell
Poppe
Quam
Rukavina
Sanders
Scalze
Schomacker
Simon
Slawik
Slocum
Smith
Stensrud
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Banaian
Beard
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Huntley
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Marquart
Mazorol
McDonald
McElfatrick
McNamara
Murdock
Myhra
Nornes
O'Driscoll
Petersen, B.
Peterson, S.
Runbeck
Scott
Shimanski
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion prevailed and the amendment was adopted.
Hansen moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 33, delete section 53
Page 37, delete section 54
Page 39, delete section 56
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hansen
amendment and the roll was called. There
were 51 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Doepke
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Loon
Mahoney
Mariani
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Scalze
Simon
Slawik
Slocum
Smith
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Hansen moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 38, after line 36, insert:
"Sec. 55. Minnesota Statutes 2010, section 103G.2241, subdivision 11, is amended to read:
Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland under an exemption in subdivisions 1 to 10 shall ensure that:
(1) appropriate erosion control measures are taken to prevent sedimentation of the water;
(2) the activity does not block fish passage in a watercourse; and
(3) the activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under chapter 103H.
(b) An activity is exempt if it qualifies for any one of the exemptions, even though it may be indicated as not exempt under another exemption.
(c) Persons proposing to conduct an exempt activity are encouraged to contact the local government unit or the local government unit's designee for advice on minimizing wetland impacts.
(d) The board shall develop rules that address the application and implementation of exemptions and that provide for estimates and reporting of exempt wetland impacts, including those in section 103G.2241, subdivisions 2, 6, and 9.
(e) Persons proposing to conduct an
exempt activity must, prior to commencing the work, complete and provide to
their local government a notice, on a form approved and supplied by the Board
of Water and Soil Resources, that indicates, at a minimum, the exemption
claimed, the location of the claimed exemption, the date or dates of work
performed, identification of the individual giving notice, and an estimate of
the wetland type and amount of acreage affected. The local government unit may charge a
nominal fee for filing the notice, not to exceed $25. The notice requirement does not apply to the
exercise of the utilities and public works exemption. For persons claiming the farming exemption,
the notice shall be filed once at the commencement of the subject activity and
need not be filed
again unless the activity or exemption claimed changes. For persons claiming the forestry exemption, the notice requirement applies only to the extent that reporting is not required elsewhere. Failure to file the required notice automatically renders any claimed exemption voidable. The local government unit shall retain the exemption notices for a minimum of ten years or such longer time as necessary to ensure compliance with the exemptions conditions in this chapter."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Hansen
amendment and the roll was called. There
were 45 yeas and 80 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dittrich
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Persell
Peterson, S.
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Hosch
Howes
Huntley
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Davnie, Slawik and Westrom moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 15, after line 25, insert:
"Sec. 19. Minnesota Statutes 2010, section 85.052, subdivision 3, is amended to read:
Subd. 3. Fee for certain parking and campsite use. (a) An individual using spaces in state parks under subdivision 1, clause (2), shall be charged daily rates determined and set by the commissioner in a manner and amount consistent with the type of facility provided for the accommodation of guests in a particular park and with similar facilities offered for tourist camping and similar use in the area.
(b) The fee for special parking spurs, campgrounds for automobiles, sites for tent camping, and special auto trailer coach parking spaces is one-half of the fee set in paragraph (a) on Sunday through Thursday of each week for a physically disabled person:
(1) with a motor vehicle that has
disability plates issued under section 168.021, subdivision 1; or
(2) who possesses a certificate issued
under section 169.345; or
(3) who possesses an interagency access pass for state residents with permanent disabilities, issued by the federal government under the Federal Lands Recreation Enhancement Act.
Sec. 20. Minnesota Statutes 2010, section 85.053, subdivision 7, is amended to read:
Subd. 7. Disabled persons. (a) The commissioner shall prescribe and issue special state park permits for:
(1) a physically disabled person with a
motor vehicle (i) that has disability plates issued under section 168.021,
subdivision 1, or (ii) who has a permanent disability certificate issued under
section 169.345 and who can demonstrate proof of ownership of the vehicle for
which the state park permit is being purchased or proof of a leasehold interest
in the vehicle for a term at least as long as the term of the permit; and
(2) a physically disabled person who: (i) does not own or operate a motor vehicle;
(ii) possesses a statement certified under section 169.345, subdivision 2a; and
(iii) applies to the commissioner in writing; and
(3) a permanently disabled person who possesses an interagency access pass for people with permanent disabilities, issued by the federal government under the Federal Lands Recreation Enhancement Act.
(b) Except For vehicles permitted
under paragraph (a), clause (2) (1), the permit or the decal
issued under this subdivision is valid only when displayed on a vehicle owned
and occupied by the person to whom the permit is issued."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Wagenius moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 53, delete sections 83 to 87
Page 54, delete section 88
Page 73, line 14, delete "116.02, subdivisions 7 and 8;"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Wagenius
amendment and the roll was called. There
were 53 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Benson, J.
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
The
Speaker resumed the Chair.
H. F. No. 2164, A bill for an act relating to natural resources; providing for apprentice riders; modifying aquatic invasive species provisions; modifying local government trail authority; modifying enforcement provisions; modifying certain bait provisions; modifying prior appropriations; modifying and eliminating certain reporting, plan, and meeting requirements; eliminating loan program; modifying La Salle Lake State Recreation Area administration; prohibiting commissioner of natural resources from purchasing land at more than 20 percent above estimated market value; modifying waste management provisions; clarifying certain environmental review; eliminating certain fees; modifying toxic pollution prevention requirements; modifying certain standards for
stationary sources; extending prohibition on new open air swine basins; modifying local water management; modifying acid deposition control requirements; modifying sewage sludge management; modifying Wetland Conservation Act; providing for continued operation of the Minnesota Zoological Garden, and state parks and recreation areas when biennial appropriations have not been enacted; requiring the availability of game and fish licenses by electronic transaction; creating citizen's board; authorizing and clarifying the use of general permits; modifying mineral lease provisions; modifying authority of Executive Council; modifying provisions for Three Rivers Park District; prohibiting sale of children's products containing formaldehyde; modifying state park permit provisions; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2010, sections 9.071; 84.027, subdivision 15; 84.0272, subdivision 1; 84.0895, subdivision 7; 84.631; 84.67; 84.91, subdivision 1; 84D.05, subdivision 1; 85.018, subdivision 2; 85.052, subdivision 3; 85.053, subdivision 7; 85.055, subdivision 2; 85.20, subdivision 1; 85.46, subdivision 1; 85A.04, subdivision 1; 86B.331, subdivision 1; 90.031, subdivision 4; 92.45; 92.50, subdivision 1; 93.17, subdivision 3; 93.1925, subdivision 1; 93.20, subdivisions 2, 30, 38; 93.2236; 93.25, subdivision 2, by adding a subdivision; 97A.401, subdivision 1; 97A.421, subdivision 4a; 103A.43; 103B.101, subdivisions 2, 7, 10, by adding subdivisions; 103B.311, subdivision 4; 103B.3363, by adding a subdivision; 103B.3369; 103B.355; 103G.2241, subdivision 9; 103G.2242, subdivision 3; 103G.245, subdivision 3; 103G.271, subdivision 1; 103G.301, subdivisions 2, 4, 5, 5a; 103G.611, by adding a subdivision; 103H.175, subdivision 3; 115.01, by adding a subdivision; 115.06, subdivision 4; 115.073; 115.42; 115A.15, subdivision 5; 115A.411; 115A.551, subdivisions 2a, 4; 115A.557, subdivision 4; 115D.08; 116.011; 116.02, subdivisions 1, 2, 3, 4, 6; 116.03, subdivision 1; 116.06, subdivision 22; 116.0714; 116.10; 116C.833, subdivision 2; 116D.04, by adding a subdivision; 216C.055; 216H.07, subdivision 3; 383B.68, subdivisions 1, 4, by adding a subdivision; 473.149, subdivisions 1, 6; 473.846; Minnesota Statutes 2011 Supplement, sections 84.027, subdivision 14a; 84D.01, subdivision 15a; 84D.03, subdivision 3; 84D.09, subdivision 2; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.13, subdivision 5; 97C.341; 103G.222, subdivision 1; 103G.615, subdivisions 1, 2; 115A.1320, subdivision 1; 116.03, subdivision 2b; 116D.04, subdivision 2a; Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended; Laws 2010, chapter 362, section 2, subdivision 7; Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 7; Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; 86B; 92; 103B; 103G; 115; 115A; 116; 161; 574; repealing Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742, subdivision 4; 103G.705; 115.447; 115A.07, subdivision 2; 115A.965, subdivision 7; 116.02, subdivisions 7, 8; 216H.07, subdivision 4; 383B.68, subdivisions 2, 3; Minnesota Statutes 2011 Supplement, sections 86B.508; 86B.811, subdivision 1a; Laws 2011, chapter 107, section 105; Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 74 yeas and 52 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Eken
Falk
Fritz
Gauthier
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Pelowski
Persell
Peterson, S.
Poppe
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Winkler
The
bill was passed, as amended, and its title agreed to.
Anzelc, Dill, Pelowski and Rukavina were
excused for the remainder of today's session.
CALENDAR FOR THE
DAY, Continued
S. F. No. 2394, A bill for an act relating to transportation; traffic regulations; amending brake requirements for towed implements of husbandry; amending Minnesota Statutes 2010, section 169.801, subdivision 10.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1829, A bill for an act relating to public safety; authorizing county attorneys and assistant county attorneys to carry firearms on duty under the terms of a permit to carry; amending Minnesota Statutes 2010, section 388.051, by adding a subdivision.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2216, A bill for an act relating to insurance; the Minnesota Comprehensive Health Association; permitting flexibility in premium rate-setting process; amending Minnesota Statutes 2010, sections 62E.08, subdivisions 1, 3; 62E.091.
Cal R. Ludeman, Secretary of 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. 2333, A bill for an act relating to public safety; specifically including theft of motor fuel in the theft crime; creating a permissive inference regarding theft of motor fuel; modifying the drive-off gas civil liability law; amending Minnesota Statutes 2010, sections 171.175; 332.32; 604.15, subdivision 3, by adding a subdivision; 609.52, subdivisions 1, 2.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Swedzinski moved that the House concur in
the Senate amendments to H. F. No. 2333 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2333, A bill for an act relating to public safety; specifically including theft of motor fuel in the theft crime; creating a permissive inference regarding theft of motor fuel; modifying the drive-off gas civil liability law; amending Minnesota Statutes 2010, sections 171.175; 332.32; 604.15, subdivision 3, by adding a subdivision; 609.52, subdivisions 1, 2.
The bill was read for the 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 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The bill was repassed, as amended by the
Senate, and its title agreed to.
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. 2187, A bill for an act relating to public safety; vehicle titles; clarifying requirements pertaining to bonds and issuance of title; amending Minnesota Statutes 2010, sections 168.27, subdivision 28; 168A.20, subdivision 5.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Vogel moved that the House concur in the
Senate amendments to H. F. No. 2187 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2187, A bill for an act relating to motor vehicles; amending provision relating to dealer issuance of registration plates and stickers; allowing dealer to obtain cancellation of lien more than seven years old; amending Minnesota Statutes 2010, sections 168.27, subdivision 28; 168A.20, subdivision 5.
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 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1586.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Cal R. Ludeman, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON 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.
April 3, 2012
The Honorable Michelle L. Fischbach
President of the Senate
The Honorable Kurt Zellers
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1586 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate concur in the House amendments and that S. F. No. 1586 be further amended as follows:
Page 2, line 34, before "operator" insert "an"
Page 3, line 12, before "A" insert "(a)"
Page 3, line 16, after "and" insert ", except as provided in paragraph (b) or (c),"
Page 3, line 18, delete "demonstrable" and reinstate the stricken language
Page 3, line 18, after the period, insert:
"(b) If the confinement or
restraint results in demonstrable bodily harm, the person may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $4,000, or both.
(c)"
Page 3, line 19, strike "that" and insert "the" and after "payment" insert "of a fine"
We request the adoption of this report and repassage of the bill.
Senate Conferees: Warren Limmer, Julianne E. Ortman and Bill G. Ingebrigtsen.
House Conferees: Steve Gottwalt, Joyce Peppin and Debra Hilstrom.
Gottwalt moved that the report of the
Conference Committee on S. F. No. 1586 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
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.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1416, 1679,
1804, 2121, 2188, 2314, 2324 and 2357.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1416, A bill for an act relating to real estate; providing process for unaffixing manufactured home from real property; amending Minnesota Statutes 2010, sections 168A.01, by adding a subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05, subdivisions 1, 1a, 1b; 168A.141, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 168A.
The bill was read for the first time.
Murdock moved that S. F. No. 1416 and H. F. No. 1595, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1679, A bill for an act relating to human services; modifying advisory council provisions; amending Minnesota Statutes 2010, sections 254A.035, subdivision 2; 254A.04; 256B.093, subdivision 1; 260.835, subdivision 2.
The bill was read for the first time.
Barrett moved that S. F. No. 1679 and H. F. No. 1993, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1804, A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions related to continuing care, the telephone equipment program, chemical and mental health, and health care; reforming comprehensive assessment and case management services; requiring reports; amending Minnesota Statutes 2010, sections 144A.071, subdivision 5a; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245.461, by adding a subdivision; 245.462, subdivision 20; 245.487, by adding a subdivision; 245.4871, subdivision 15; 245.4932, subdivision 1; 245A.11, subdivisions 2a, 8; 246.53, by adding a subdivision; 252.32, subdivision 1a; 252A.21, subdivision 2; 256.476, subdivision 11; 256.9657, subdivision 1; 256B.04, subdivision 14; 256B.056, subdivision 3c; 256B.0595, subdivision 2; 256B.0625, subdivisions 13, 13d, 19c, 42; 256B.0659, subdivisions 1, 2, 3, 3a, 4, 9, 13, 14, 19, 20, 21, 24, 30; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.096, subdivision 5; 256B.15, subdivisions 1c, 1f; 256B.19, subdivision 1c; 256B.441, subdivisions 13, 31, 53; 256B.49, subdivisions 13, 21; 256B.69, subdivision 5; 256F.13, subdivision 1; 256G.02, subdivision 6; 256L.05, subdivision 3; 514.982, subdivision 1; Minnesota Statutes 2011 Supplement, sections 125A.21, subdivision 7; 144A.071, subdivisions 3, 4a; 245A.03, subdivision 7; 254B.04, subdivision 2a; 256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions 13e, 13h, 14, 56; 256B.0631, subdivisions 1, 2; 256B.0659, subdivision 11; 256B.0911, subdivisions 1a, 3a, 4a; 256B.0915, subdivision 10; 256B.49, subdivisions 14, 15; 256B.69, subdivisions 5a, 28; 256L.12, subdivision 9; 256L.15, subdivision 1; 626.557, subdivision 9; Laws 2008, chapter 338, section 3, subdivisions 1, 8; Laws 2009, chapter 79, article 8, section 81, as amended; proposing coding for new law in Minnesota Statutes, chapter 252; repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b; 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19, 20, 25, 27, 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, 8; 256B.435; 256B.436; Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 26; Minnesota Rules, part 9555.7700.
The bill was read for the first time.
Gottwalt moved that S. F. No. 1804 and H. F. No. 1994, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2121, A bill for an act relating to data practices; classifying data on unofficial fiscal notes; amending Minnesota Statutes 2010, section 13.64, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Civil Law.
S. F. No. 2188, A bill for an act relating to human services; creating a plan to develop a chemical health community-based integrated model of care.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
S. F. No. 2314, A resolution memorializing Congress and the President of the United States to formally recognize the Khmer Freedom Fighters.
The bill was read for the first time.
Anderson, B., moved that S. F. No. 2314 and H. F. No. 2629, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2324, A bill for an act relating to occupational licensing; modifying electrical licenses; amending Minnesota Statutes 2010, sections 326B.31, subdivision 14, by adding subdivisions; 326B.33, subdivisions 17, 19, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 2357, 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; amending Minnesota Statutes 2010, sections 13.46, subdivisions 2, 3, 4; 13.82, subdivision 1; 245A.04, subdivisions 1, 7, 11, by adding a subdivision; 245A.05; 245A.07, subdivision 3; 245A.08, subdivision 2a; 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 2, 4, 7, by adding a subdivision; 245C.07; 245C.16, subdivision 1; 245C.17, subdivision 2; 245C.22, subdivision 5; 245C.24, subdivision 2; 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.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
CALENDAR FOR THE
DAY
S. F. No. 1626 was reported
to the House.
Norton moved to amend
S. F. No. 1626, the first engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 2094, the
first engrossment:
"Section 1. Minnesota Statutes 2010, section 256B.0625, is amended by adding a subdivision to read:
Subd. 9a. Volunteer
dental services. (a) A
dentist not already enrolled as a medical assistance provider who is providing
volunteer dental services for an enrolled medical assistance dental provider
that is a nonprofit entity or government owned and not receiving payment for
the services provided shall complete and submit a volunteer agreement form
developed by the commissioner. The
volunteer agreement shall be used to enroll the dentist in medical assistance
only for the purpose of providing volunteer dental services. The volunteer agreement must specify that a
volunteer dentist:
(1) will not be listed in the Minnesota
health care programs provider directory;
(2) will not receive payment for the
services the volunteer dentist provides to Minnesota health care program
clients; and
(3) is not required to serve Minnesota
health care program clients when providing nonvolunteer services in a private
practice.
(b) A volunteer dentist enrolled under
this subdivision as a fee-for-service provider shall not otherwise be enrolled
in or receive payments from Minnesota health care programs as a fee-for-service
provider.
(c) The volunteer dentist shall be
notified by the dental provider for which they are providing services that
medical assistance is being billed for the volunteer services provided.
Sec. 2. Minnesota Statutes 2010, section 256B.0644, is amended to read:
256B.0644
REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.
(a) A vendor of medical care, as defined in
section 256B.02, subdivision 7, and a health maintenance organization, as
defined in chapter 62D, must participate as a provider or contractor in the
medical assistance program, general assistance medical care program, and
MinnesotaCare as a condition of participating as a provider in health insurance
plans and programs or contractor for state employees established under section
43A.18, the public employees insurance program under section 43A.316, for
health insurance plans offered to local statutory or home rule charter city,
county, and school district employees, the workers' compensation system under
section 176.135, and insurance plans provided through the Minnesota
Comprehensive Health Association under sections 62E.01 to 62E.19. The limitations on insurance plans offered to
local government employees shall not be applicable in geographic areas where
provider participation is limited by managed care contracts with the Department
of Human Services.
(b) For providers other than health maintenance organizations, participation in the medical assistance program means that:
(1) the provider accepts new medical
assistance, general assistance medical care, and MinnesotaCare patients;
(2) for providers other than dental service
providers, at least 20 percent of the provider's patients are covered by
medical assistance, general assistance medical care, and MinnesotaCare
as their primary source of coverage; or
(3) for dental service providers, at least
ten percent of the provider's patients are covered by medical assistance,
general assistance medical care, and MinnesotaCare as their primary source
of coverage, or the provider accepts new medical assistance and MinnesotaCare
patients who are children with special health care needs. For purposes of this section, "children
with special health care needs" means children up to age 18 who: (i) require health and related services
beyond that required by children generally; and (ii) have or are at risk for a
chronic physical, developmental, behavioral, or emotional condition, including: bleeding and coagulation disorders;
immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities;
epilepsy, cerebral palsy, and other neurological diseases; visual impairment or
deafness; Down syndrome and other genetic disorders; autism; fetal alcohol
syndrome; and other conditions designated by the commissioner after
consultation with representatives of pediatric dental providers and consumers.
(c) Patients seen on a volunteer basis by the provider at a location other than the provider's usual place of practice may be considered in meeting the participation requirement in this section. The commissioner shall establish participation requirements for health maintenance organizations. The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of management and budget, the commissioner of labor and industry, and the commissioner of commerce. Each of the commissioners shall develop and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program. The commissioner of management and budget shall implement this section through contracts with participating health and dental carriers.
(d) For purposes of paragraphs (a) and
(b), participation in the general assistance medical care program applies only
to pharmacy providers. A
volunteer dentist who has signed a volunteer agreement under section 256B.0625,
subdivision 9a, shall not be considered to be participating in medical
assistance or MinnesotaCare for the purpose of this section."
Delete
the title and insert:
"A bill for an act relating to human services; providing for and regulating coverage of volunteer dental services under medical assistance; making technical changes; amending Minnesota Statutes 2010, sections 256B.0625, by adding a subdivision; 256B.0644."
The
motion prevailed and the amendment was adopted.
S. F. No. 1626, A bill for an act relating to human services; creating a volunteer agreement form for volunteer dentists to enroll as a medical assistance provider if certain criteria are met; amending Minnesota Statutes 2010, sections 256B.0644; 256B.76, by adding a subdivision.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed, as amended, and its title agreed to.
S. F. No. 1553 was reported
to the House.
Abeler and Davids moved to amend S. F. No. 1553, the second engrossment, as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to read:
Subd. 1c. Specialty dentists. (a) The board may grant a specialty license in the specialty areas of dentistry that are recognized by the American Dental Association.
(b) An applicant for a specialty license shall:
(1) have successfully completed a postdoctoral specialty education program accredited by the Commission on Dental Accreditation of the American Dental Association, or have announced a limitation of practice before 1967;
(2) have been certified by a specialty examining board approved by the Minnesota Board of Dentistry, or provide evidence of having passed a clinical examination for licensure required for practice in any state or Canadian province, or in the case of oral and maxillofacial surgeons only, have a Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral specialty education program or United States government service at least 2,000 hours in the 36 months prior to applying for a specialty license;
(4) if requested by the board, be interviewed by a committee of the board, which may include the assistance of specialists in the evaluation process, and satisfactorily respond to questions designed to determine the applicant's knowledge of dental subjects and ability to practice;
(5) if requested by the board, present complete records on a sample of patients treated by the applicant. The sample must be drawn from patients treated by the applicant during the 36 months preceding the date of application. The number of records shall be established by the board. The records shall be reasonably representative of the treatment typically provided by the applicant;
(6) at board discretion, pass a board-approved English proficiency test if English is not the applicant's primary language;
(7) pass all components of the National Dental
Board Dental Examinations;
(8) pass the Minnesota Board of Dentistry jurisprudence examination;
(9) abide by professional ethical conduct requirements; and
(10) meet all other requirements prescribed by the Board of Dentistry.
(c) The application must include:
(1) a completed application furnished by the board;
(2) at least two character references from two different dentists, one of whom must be a dentist practicing in the same specialty area, and the other the director of the specialty program attended;
(3) a licensed physician's statement attesting to the applicant's physical and mental condition;
(4) a statement from a licensed ophthalmologist or optometrist attesting to the applicant's visual acuity;
(5) a nonrefundable fee; and
(6) a notarized, unmounted passport-type photograph, three inches by three inches, taken not more than six months before the date of application.
(d) A
specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The
scope of practice must be defined by each national specialty board recognized
by the American Dental Association.
(e) A specialty dentist holding a general dentist license is limited to practicing in the dentist's designated specialty area if the dentist has announced a limitation of practice. The scope of practice must be defined by each national specialty board recognized by the American Dental Association.
(f) All specialty dentists who have fulfilled the specialty dentist requirements and who intend to limit their practice to a particular specialty area may apply for a specialty license."
Page 2, after line 32, insert:
"Sec. 3. Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:
Subd. 3. Waiver
of examination. (a) All or any part
of the examination for dentists or dental hygienists, except that pertaining to
the law of Minnesota relating to dentistry and the rules of the board, may, at
the discretion of the board, be waived for an applicant who presents a
certificate of qualification from having passed all components of
the National Board of Dental Examiners Examinations or
evidence of having maintained an adequate scholastic standing as determined by
the board, in dental school as to dentists, or dental hygiene school as to
dental hygienists.
(b) The board shall waive the clinical
examination required for licensure for any dentist applicant who is a graduate
of a dental school accredited by the Commission on Dental Accreditation of the
American Dental Association, who has successfully completed passed
all components of the National Dental Board Examination Dental
Examinations, and who has satisfactorily completed a Minnesota-based
postdoctoral general dentistry residency program (GPR) or an advanced education
in general dentistry (AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association,
be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require the applicant to submit
any information deemed necessary by the board to determine whether the waiver
is applicable. The board may waive the
clinical examination for an applicant who meets the requirements of this
paragraph and has satisfactorily completed an accredited postdoctoral general
dentistry residency program located outside of Minnesota.
Sec. 4. Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:
Subd. 4. Licensure by credentials. (a) Any dentist or dental hygienist may, upon application and payment of a fee established by the board, apply for licensure based on the applicant's performance record in lieu of passing an examination approved by the board according to section 150A.03, subdivision 1, and be interviewed by the board to determine if the applicant:
(1) has passed all components of the
National Board Dental Examinations;
(1) (2) has been in active
practice at least 2,000 hours within 36 months of the application date, or
passed a board-approved reentry program within 36 months of the application
date;
(2) (3) currently has a
license in another state or Canadian province and is not subject to any pending
or final disciplinary action, or if not currently licensed, previously had a
license in another state or Canadian province in good standing that was not
subject to any final or pending disciplinary action at the time of surrender;
(3) (4) is of good moral
character and abides by professional ethical conduct requirements;
(4) (5) at board discretion,
has passed a board-approved English proficiency test if English is not the
applicant's primary language; and
(5) (6) meets other
credentialing requirements specified in board rule.
(b) An applicant who fulfills the conditions of this subdivision and demonstrates the minimum knowledge in dental subjects required for licensure under subdivision 1 or 2 must be licensed to practice the applicant's profession.
(c) If the applicant does not demonstrate the minimum knowledge in dental subjects required for licensure under subdivision 1 or 2, the application must be denied. When denying a license, the board may notify the applicant of any specific remedy that the applicant could take which, when passed, would qualify the applicant for licensure. A denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.
(d) A
candidate whose application has been
denied may appeal the decision to the board according to subdivision 4a.
Sec. 5. Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:
Subd. 6. Display
of name and certificates. (a)
The initial license and subsequent renewal, or current registration
certificate, of every dentist, a dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office
in which that person practices, in plain sight of patients. When available from the board, the board
shall allow the display of a wallet-sized initial license and wallet-sized
subsequent renewal certificate only at nonprimary practice
locations instead of displaying an original-sized initial license and
subsequent renewal certificate.
(b) Near or on the entrance door to every office where dentistry is practiced, the name of each dentist practicing there, as inscribed on the current license certificate, shall be displayed in plain sight.
Sec. 6. Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:
Subd. 3. Current
address, change of address. Every
dentist, dental therapist, dental hygienist, and dental assistant shall
maintain with the board a correct and current mailing address and electronic
mail address. For dentists engaged
in the practice of dentistry, the postal address shall be that of the
location of the primary dental practice.
Within 30 days after changing postal or electronic mail
addresses, every dentist, dental therapist, dental hygienist, and dental
assistant shall provide the board written notice of the new address either
personally or by first class mail.
Sec. 7. Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:
Subd. 7. Use of dental assistants. (a) A licensed dental therapist may supervise dental assistants to the extent permitted in the collaborative management agreement and according to section 150A.10, subdivision 2.
(b) Notwithstanding paragraph (a), a
licensed dental therapist is limited to supervising no more than four registered
licensed dental assistants or nonregistered nonlicensed
dental assistants at any one practice setting.
Sec. 8. Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:
Subdivision 1. General. In order to be certified by the board to practice as an advanced dental therapist, a person must:
(1) complete a dental therapy education program;
(2) pass an examination to demonstrate competency under the dental therapy scope of practice;
(3) be licensed as a dental therapist;
(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect supervision;
(5) graduate from a master's advanced dental therapy education program;
(6) pass a board-approved certification examination to demonstrate competency under the advanced scope of practice; and
(7) submit an application and fee for certification as prescribed by the board.
Sec. 9. Minnesota Statutes 2010, section 150A.14, is amended to read:
150A.14
IMMUNITY.
Subdivision 1. Reporting immunity. A person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report in good faith to the board under section 150A.13, or for cooperating with an investigation of a report or with staff of the board relative to violations or alleged violations of section 150A.08. Reports are confidential data on individuals under section 13.02, subdivision 3, and are privileged communications.
Subd. 2. Program
Investigation immunity. (a)
Members of the board, persons employed by the board, and board consultants retained
by the board are immune from civil liability and criminal prosecution for
any actions, transactions, or publications in the execution of, or relating to,
their duties under section 150A.13 sections 150A.02 to 150A.21,
214.10, and 214.103.
(b) For purposes of this section, a member of the board or a consultant described in paragraph (a) is considered a state employee under section 3.736, subdivision 9."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 1553, A bill for an act relating to health; providing a temporary permit to practice without compensation to dentists or dental hygienists licensed in another state; amending Minnesota Statutes 2010, section 150A.06, subdivision 2c; Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed, as amended, and its title agreed to.
H. F. No. 682, A bill for an act relating to education; adjusting graduation standards; amending Minnesota Statutes 2010, section 120B.024; Minnesota Statutes 2011 Supplement, section 120B.023, subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 120 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Anderson, S.
The
bill was passed and its title agreed to.
H. F. No. 2731, A bill for an act relating to energy; requiring an assessment and grant for the purpose of community energy technical assistance and outreach.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 118 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Downey
Drazkowski
Peppin
The
bill was passed and its title agreed to.
S. F. No. 2131, A bill for an act relating to transportation; contracts; authorizing completion of design-build projects approved by commissioner of transportation; amending Laws 2009, chapter 36, article 3, sections 28; 29.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 121 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 2276 was reported
to the House.
Kiffmeyer and Lillie moved to amend H. F. No. 2276, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. [144.1225]
ADVANCED DIAGNOSTIC IMAGING SERVICES.
Subdivision
1. Definition. For purposes of this section,
"advanced diagnostic imaging services" has the meaning given in
United States Code, title 42, section 1395M, except that it does not include
x-ray, ultrasound, or fluoroscopy.
Subd. 2. Accreditation
required. (a)(1) Except as
otherwise provided in paragraph (b), advanced diagnostic imaging services
eligible for reimbursement from any source, including, but not limited to, the
individual receiving such services and any individual or group insurance
contract, plan, or policy delivered in this state, including, but not limited
to, private health insurance plans, workers' compensation insurance, motor
vehicle insurance, the State Employee Group Insurance Program (SEGIP), and
other state health care programs, shall be reimbursed only if the facility at
which the service has been conducted and processed is accredited by one of the
following entities:
(i) American College of Radiology (ACR);
(ii) Intersocietal Accreditation
Commission (IAC);
(iii) the Joint Commission; or
(iv) other relevant accreditation
organization designated by the secretary of the United States Department of
Health and Human Services pursuant to United States Code, title 42, section
1395M.
(2) All accreditation standards
recognized under this section must include, but are not limited to:
(i) provisions establishing
qualifications of the physician;
(ii) standards for quality control and
routine performance monitoring by a medical physicist;
(iii) qualifications of the
technologist, including minimum standards of supervised clinical experience;
(iv) guidelines for personnel and
patient safety; and
(v) standards for initial and ongoing
quality control using clinical image review and quantitative testing.
(b) Any facility that performs advanced diagnostic imaging services and is eligible to receive reimbursement for such services from any source in paragraph (a)(1) must obtain accreditation by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic imaging services in the state must obtain accreditation prior to commencing operations and must, at all times, maintain accreditation with an accrediting organization as provided in paragraph (a).
Subd. 3. Reporting. (a) Advanced diagnostic imaging
facilities and providers of advanced diagnostic imaging services must annually
report to the commissioner demonstration of accreditation as required under this
section.
(b) The commissioner may promulgate any rules necessary to administer the reporting required under paragraph (a)."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 2276, A bill for an act relating to health; requiring accreditation of advanced diagnostic imaging services operating in the state; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed, as amended, and its title agreed to.
Gauthier was excused for the remainder of
today's session.
H. F. No. 1236 was reported
to the House.
Hamilton moved to amend H. F. No. 1236, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. [151.60]
PHARMACY AUDIT INTEGRITY PROGRAM.
The pharmacy audit integrity program is
established to provide standards for an audit of pharmacy records carried out
by a pharmacy benefits manager or any entity that represents pharmacy benefits
managers.
Sec. 2. [151.61]
DEFINITIONS.
Subdivision
1. Scope. For the purposes of sections 151.60 to
151.70, the following terms have the meanings given.
Subd. 2. Entity. "Entity" means a pharmacy
benefits manager or any person or organization that represents these companies,
groups, or organizations.
Subd. 3. Pharmacy
benefits manager or PBM. "Pharmacy
benefits manager" or "PBM" means a person, business, or other
entity that performs pharmacy benefits management. The term includes a person or entity acting
for a PBM in a contractual or employment relationship in the performance of
pharmacy benefits management.
Subd. 4. Plan
sponsor. "Plan
sponsor" means the employer in the case of an employee benefit plan
established or maintained by a single employer, a group purchaser as defined in
section 62J.03, subdivision 6, or the employee organization in the case of a
plan established or maintained by an employee organization, an association,
joint board trustees, committee, or other similar group that establishes or
maintains the plan.
Sec. 3. [151.62]
PHARMACY BENEFIT MANAGER CONTRACT.
An amendment to pharmacy audit terms in
a contract between a PBM and a pharmacy must be disclosed to the pharmacy at
least 60 days prior to the effective date of the proposed change.
Sec. 4. [151.63]
PROCEDURE AND PROCESS FOR CONDUCTING AND REPORTING AN AUDIT.
Subdivision 1. Audit
procedures. Unless otherwise
prohibited by federal requirements or regulations, any entity conducting a
pharmacy audit must follow the following procedures.
(1) A pharmacy must be given notice 14
days before an initial on-site audit is conducted.
(2) An audit that involves clinical or
professional judgment must be conducted by or in consultation with a licensed
pharmacist.
(3)
Each pharmacy shall be audited under the same standards and parameters as other
similarly situated pharmacies.
Subd. 2. Audit
process. Unless otherwise
prohibited by federal requirements or regulations, for any entity conducting a
pharmacy audit the following audit items apply.
(1) The period covered by the audit may
not exceed 24 months from the date that the claim was submitted to or
adjudicated by the entity, unless a longer period is required under state or
federal law.
(2) If an entity uses random sampling
as a method for selecting a set of claims for examination, the sample size must
be appropriate for a statistically reliable sample. Notwithstanding section 151.69, the auditing
entity shall provide the pharmacy a masked list that provides a prescription
number or date range that the auditing entity is seeking to audit.
(3) An on-site audit may not take place
during the first five business days of the month unless consented to by the
pharmacy.
(4) Auditors may not enter the pharmacy
area unless escorted where patient-specific information is available and to the
extent possible must be out of sight and hearing range of the pharmacy
customers.
(5) Any recoupment will not be deducted
against future remittances until after the appeals process and both parties
have received the results of the final audit.
(6)
A PBM may not require information to be written on a prescription unless the
information is required to be written on the prescription by state or
federal law. Recoupment may be assessed
for items not written on the prescription if:
(i) additional information is required
in the provider manual; or
(ii) the information is required by the
Food and Drug Administration (FDA); or
(iii) the information is required by
the drug manufacturer's product safety program; and
(iv) the information in clauses (i),
(ii), or (iii) is not readily available for the auditor at the time of the
audit.
(7) The auditing company or agent may
not receive payment based on a percentage of the amount recovered. This section does not prevent the entity
conducting the audit from charging or assessing the responsible party, directly
or indirectly, based on amounts recouped if both of the following conditions
are met:
(i) the plan sponsor and the entity
conducting the audit have a contract that explicitly states the percentage
charge or assessment to the plan sponsor; and
(ii) a commission to an agent or employee of the entity conducting the audit is not based, directly or indirectly, on amounts recouped.
Sec. 5. [151.64]
REQUIREMENTS FOR RECOUPMENT OR CHARGEBACK.
For recoupment or chargeback, the
following criteria apply.
(1) Audit parameters must consider
consumer-oriented parameters based on manufacturer listings.
(2) A pharmacy's usual and customary
price for compounded medications is considered the reimbursable cost unless the
pricing methodology is outlined in the provider contract.
(3) A finding of overpayment or
underpayment must be based on the actual overpayment or underpayment and not a
projection based on the number of patients served having a similar diagnosis or
on the number of similar orders or refills for similar drugs.
(4) The entity conducting the audit
shall not use extrapolation in calculating the recoupment or penalties for
audits unless required by state or federal law or regulations.
(5) Calculations of overpayments must
not include dispensing fees unless a prescription was not actually dispensed;
the prescriber denied authorization; the prescription dispensed was a
medication error by the pharmacy; or the identified overpayment is solely based
on an extra dispensing fee.
(6) An entity may not consider any
clerical or record-keeping error, such as a typographical error, scrivener's
error, or computer error regarding a required document or record as fraud,
however such errors may be subject to recoupment.
(7) In the case of errors that have no actual financial harm to the patient or plan, the PBM must not assess any chargebacks. Errors that are a result of the pharmacy failing to comply with a formal corrective action plan may be subject to recovery.
(8) Interest may not accrue during the
audit period for either party, beginning with the notice of the audit and ending
with the final audit report.
Sec. 6. [151.65]
DOCUMENTATION.
(a) To validate the pharmacy record and
delivery, the pharmacy may use authentic and verifiable statements or records
including medication administration records of a nursing home, assisted living
facility, hospital, physician, or other authorized practitioner or additional
audit documentation parameters located in the provider manual.
(b) Any legal prescription that meets
the requirements in this chapter may be used to validate claims in connection
with prescriptions, refills, or changes in prescriptions, including medication
administration records, faxes, e-prescriptions, or documented telephone calls
from the prescriber or the prescriber's agents.
Sec. 7. [151.66]
APPEALS PROCESS.
The entity conducting the audit must
establish a written appeals process which must include appeals of preliminary
reports and final reports.
Sec. 8. [151.67] AUDIT INFORMATION AND REPORTS.
(a) A preliminary audit report must be delivered to the
pharmacy within 60 days after the conclusion of the audit.
(b) A pharmacy must be allowed at least 45 days
following receipt of the preliminary audit to provide documentation to address
any discrepancy found in the audit.
(c) A final audit report must be delivered to the
pharmacy within 120 days after receipt of the preliminary audit report or final
appeal, whichever is later.
(d) An entity shall remit any money due to a pharmacy or
pharmacist as a result of an underpayment of a claim within 45 days after the
appeals process has been exhausted and the final audit report has been issued.
Sec. 9. [151.68] DISCLOSURES TO PLAN SPONSOR.
Where contractually required, an auditing entity must
provide a copy to the plan sponsor of its claims that were included in the
audit, and any recouped money shall be returned to the plan sponsor.
Sec. 10. [151.69] APPLICABILITY OF OTHER LAWS AND
REGULATIONS.
Sections 151.62 to 151.67 do not apply to any
investigative audit that involves suspected fraud, willful misrepresentation,
abuse, or any audit completed by Minnesota health care programs.
Sec. 11. [151.70] VIOLATIONS.
Violations of sections 151.62 to 151.68 may be grounds for action, but are not deemed misdemeanors as described in section 151.29."
The motion prevailed
and the amendment was adopted.
H. F. No. 1236, A bill for an act relating
to health; establishing a pharmacy audit integrity program; proposing coding
for new law in Minnesota Statues, chapter 151.
The bill was read for the third time, as amended,
and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 121 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed, as amended, and its title agreed to.
S. F. No. 1621, A bill for an act relating to human services; modifying child care accreditation provisions; amending Minnesota Statutes 2010, section 119B.13, subdivision 3a.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 116 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Laine
Moran
The
bill was passed and its title agreed to.
Erickson was excused for the remainder of
today's session.
S. F. No. 2184, A bill for an act relating to real property; registered land; providing for registration for time share interests; amending Minnesota Statutes 2010, section 508.58, subdivision 2, by adding subdivisions.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 119 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
S. F. No. 1815, A bill for an act relating to energy; establishing rights of incumbent transmission line owners regarding certain federally approved transmission lines; proposing coding for new law in Minnesota Statutes, chapter 216B.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 116 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Peppin
Persell
Petersen, B.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
Dean moved that the remaining bills on the
Calendar for the Day be continued. The
motion prevailed.
FISCAL
CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Davids announced
his intention to place H. F. Nos. 2580, 2729 and 2754 on the
Fiscal Calendar for Monday, April 16, 2012.
MOTIONS AND
RESOLUTIONS
Benson, J., moved that the name of Hortman
be added as an author on H. F. No. 172. The motion prevailed.
Woodard moved that the name of Kiffmeyer
be added as an author on H. F. No. 1418. The motion prevailed.
Dettmer moved that the name of Lohmer be
added as an author on H. F. No. 1821. The motion prevailed.
Gottwalt moved that the name of Kiffmeyer
be added as an author on H. F. No. 1945. The motion prevailed.
Davids moved that the names of Nornes and
Stensrud be added as authors on H. F. No. 1972. The motion prevailed.
Garofalo moved that the name of Erickson
be added as an author on H. F. No. 2433. The motion prevailed.
Garofalo moved that the name of Erickson
be added as an author on H. F. No. 2949. The motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 12:00 noon, Monday, April 16, 2012. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Monday, April 16, 2012.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives