Journal of the House - 103rd Day - Tuesday, April 17, 2012

A quorum was present.

Davnie was excused until 1:00 p.m. Peterson, S., was excused until 2:35 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.

Journal of the House - 103rd Day - Tuesday, April 17, 2012 - Top of Page 8398

REPORTS OF CHIEF CLERK

S. F. No. 1534 and H. F. No. 2226, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Vogel moved that S. F. No. 1534 be substituted for H. F. No. 2226 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1808 and H. F. No. 2199, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Lanning moved that S. F. No. 1808 be substituted for H. F. No. 2199 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2058 and H. F. No. 2310, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Erickson moved that the rules be so far suspended that S. F. No. 2058 be substituted for H. F. No. 2310 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2112 and H. F. No. 2437, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Smith moved that the rules be so far suspended that S. F. No. 2112 be substituted for H. F. No. 2437 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2379 and H. F. No. 2680, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Shimanski moved that S. F. No. 2379 be substituted for H. F. No. 2680 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 322, A bill for an act relating to family law; changing certain custody and parenting time provisions; amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3; 518.091; 518.131, subdivisions 1, 7; 518.155; 518.156; 518.167, subdivision 2; 518.17, subdivisions 1, 3; 518.1705, subdivisions 3, 5, 9; 518.175, subdivision 1; 518.179, subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.

Reported the same back with the following amendments:

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Page 2, lines 10 and 32, delete "January" and insert "July"

Page 4, line 26, delete "January" and insert "July"

Page 5, lines 20 and 26, delete "January" and insert "July"

Page 6, lines 3 and 28, delete "January" and insert "July"

Page 7, line 15, delete "January" and insert "July"

Page 10, line 18, delete "January" and insert "July"

Page 14, line 23, delete "January" and insert "July"

Page 16, line 28, delete "January" and insert "July"

Page 17, line 1, delete "January" and insert "July"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1476, A bill for an act relating to labor and employment; adding and modifying prevailing wage provisions; amending Minnesota Statutes 2010, section 177.42, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes, chapter 177; repealing Minnesota Rules, part 5200.1020, subparts 1, 2, 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2010, section 177.42, subdivision 4, is amended to read:

Subd. 4. Prevailing hours of labor. "Prevailing hours of labor" means the hours of labor per day and per week worked within the area by a larger number of workers of the same class than are employed within the area for any other number of hours per day and per week. The prevailing hours of labor may not be more than ~~eight~~ ten hours per day or more than 40 hours per week.

Sec. 2. Minnesota Statutes 2010, section 177.42, subdivision 6, is amended to read:

Subd. 6. Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate of pay plus the contribution paid to or for the largest number of workers engaged in the same class of labor within the area for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:

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(1) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and

(2) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected.

"Prevailing wage rate" includes, for the purposes of section 177.44, rental rates for truck hire paid to those who own and operate the truck.

The prevailing wage rate may not be less than a reasonable and living wage.

This subdivision applies only to work done in a metropolitan county under section 473.121, subdivision 4.

Sec. 3. Minnesota Statutes 2010, section 177.42, is amended by adding a subdivision to read:

Subd. 6a. Prevailing wage rate; nonmetropolitan county area. (a) "Prevailing wage rate" means the mean hourly compensation paid to workers engaged in the same class of labor within the area. The mean hourly compensation includes the hourly basic rate plus the contribution for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:

(1) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and

(b) Prevailing wage rate includes, for the purposes of section 177.44, rental rates for truck hire paid to those who own and operate the truck.

(d) This subdivision applies only to work done in a county other than a metropolitan county under section 473.121, subdivision 4.

Sec. 4. [177.421] PREVAILING WAGE DETERMINATIONS.

Subdivision 1. Highway and heavy construction. The department shall, at least once every two calendar years, determine and certify prevailing wage rates applicable to state projects that are similar in nature to public and private highway and heavy construction projects where the estimated total cost of completing the project is $25,000 or more.

Subd. 2. Commercial-type construction. The department shall, at least once every two calendar years, determine and certify prevailing wage rates applicable to state projects that are similar in nature to public and private commercial projects where the estimated total cost of completing the project is $2,500 or more.

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Subd. 3. Survey data. Each wage survey shall be based upon work performed in the 24 months preceding the date the survey is commenced and the resulting wage determinations certified following the close of the survey.

Sec. 5. APPROPRIATION.

$112,000 is appropriated from the general fund in fiscal year 2013 to the commissioner of labor and industry for purposes of this act. This is a onetime appropriation.

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

Sec. 6. REPEALER.

Minnesota Rules, part 5200.1020, subparts 1, 2, and 5, are repealed.

Sec. 7. EFFECTIVE DATE.

Unless otherwise specified, this act is effective January 1, 2013."

Delete the title and insert:

"A bill for an act relating to labor and employment; adding and modifying prevailing wage provisions; appropriating money; amending Minnesota Statutes 2010, section 177.42, subdivisions 4, 6, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 177; repealing Minnesota Rules, part 5200.1020, subparts 1, 2, 5."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1721, A bill for an act relating to economic development; authorizing redevelopment demolition loans; eliminating a semiannual report; amending Minnesota Statutes 2010, sections 116J.555, subdivision 2; 116J.571; 116J.572; 116J.575, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Page 2, line 7, delete "other" and insert "investment"

Page 2, line 8, delete "accounts" and insert "account is deposited in the special revenue fund and"

Page 5, after line 34, insert:

"Sec. 10. Minnesota Statutes 2010, section 116J.66, is amended to read:

116J.66 BUSINESS ASSISTANCE.

The commissioner shall establish within the department a business assistance center. The center shall consist of (1) a Bureau of Small Business which shall have as its sole function the provision of assistance to small businesses in the state and (2) a bureau of licenses to assist all businesses in obtaining state licenses and permits. This center

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shall be accorded at least equal status with the other major operating units within the department. A small business advocate office is established in the Business Assistance Center to provide one-stop access for small businesses in need of information or assistance in obtaining or renewing licenses, meeting state regulatory requirements, or resolving disputes with state agencies.

Sec. 11. ALBERT LEA; INDUSTRIAL SEWER CHARGE REBATE AUTHORITY.

Notwithstanding Minnesota Statutes, section 444.075, the city of Albert Lea may by ordinance establish an industrial sewer charge rebate program in order to provide an incentive for new or expanded businesses that would be industrial users of the city's wastewater collection and treatment system to locate in the city. The ordinance must specify the criteria for awarding a rebate. The rebate program must not result in increased charges to current users.

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

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "establishing a small business advocate office in the Business Assistance Center; granting Albert Lea the authority to establish an industrial sewer charge rebate program;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2340, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; setting a facility license fee; proposing coding for new law in Minnesota Statutes, chapter 145.

Reported the same back with the following amendments:

Page 1, line 11, delete everything before "shall"

Page 2, line 8, after "The" insert "annual" and delete "$......." and insert "$3,712."

Page 2, delete line 18 and insert:

"(5) if there is"

Page 2, line 19, after "that" insert "involves" and after "physicians" insert "in the facility"

Page 2, line 20, after "and" insert "who"

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Page 3, after line 2, insert:

"Sec. 2. APPROPRIATION.

(a) $30,000 is appropriated in fiscal year 2013 from the state government special revenue fund to the commissioner of health for licensing activities under Minnesota Statutes, section 145.417.

(b) $33,000 is appropriated in fiscal year 2013 from the general fund to the commissioner of health for licensing activities under Minnesota Statutes, section 145.417."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2786, A bill for an act relating to local government aid; exempting certain cities from 2011 aid penalties.

Reported the same back with the following amendments:

Page 1, line 9, after "payment" insert "no later than June 30, 2012,"

Page 1, line 12, delete ", no"

Page 1, line 13, delete "later than June 30, 2012" and delete "$794,597" and insert "$794,579"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 248, A bill for an act relating to health; establishing criteria that must be met before a new radiation therapy facility can be constructed; requiring a study of radiation therapy facilities capacity; amending Minnesota Statutes 2010, section 144.5509.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:

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144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.

(a) A radiation therapy facility may be constructed only by an entity owned, operated, or controlled by a hospital licensed according to sections 144.50 to 144.56 either alone or in cooperation with another entity.

(b) Notwithstanding paragraph (a), there shall be a moratorium on the construction of any radiation therapy facility located in the following counties: Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns, Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or reconstruction of an existing facility owned by a hospital if the relocation or reconstruction is within one mile of the existing facility. This paragraph does not apply to a radiation therapy facility that is being built attached to a community hospital in Wright County and meets the following conditions prior to August 1, 2007: the capital expenditure report required under Minnesota Statutes, section 62J.17, has been filed with the commissioner of health; a timely construction schedule is developed, stipulating dates for beginning, achieving various stages, and completing construction; and all zoning and building permits applied for. Beginning January 1, 2013, this paragraph does not apply to any construction necessary to relocate a radiation therapy machine from a community hospital-owned radiation therapy facility located in the city of Maplewood to a community hospital campus in the city of Woodbury within the same health system. This paragraph expires August 1, 2014.

(c) Notwithstanding paragraph (a), after August 1, 2014, the construction of a radiation therapy facility located in any of the following counties: Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns, Chisago, Isanti, and Wright, may occur only if the following requirements are met:

(1) the entity constructing the radiation therapy facility is controlled by or is under common control with a hospital licensed under sections 144.50 to 144.56; and

(2) the new radiation therapy facility is located at least seven miles from an existing radiation therapy facility.

(d) Any referring physician located within a county identified in paragraph (c) must provide each patient who is in need of radiation therapy services with a list of all radiation therapy facilities located within the counties identified in paragraph (c). Physicians with a financial interest in any radiation therapy facility must disclose to the patient the existence of the interest.

(e) For purposes of this section, "controlled by" or "under common control with" means the possession, direct or indirect, of the power to direct or cause the direction of the policies, operations, or activities of an entity, through the ownership of, or right to vote or to direct the disposition of shares, membership interests, or ownership interests of the entity.

(f) For purposes of this section, "financial interest in any radiation therapy facility" means a direct or indirect ownership or investment interest in a radiation therapy facility or a compensation arrangement with a radiation therapy facility.

(g) This section does not apply to the relocation or reconstruction of an existing radiation therapy facility if:

(1) the relocation or reconstruction of the facility remains owned by the same entity;

(2) the relocation or reconstruction is located within one mile of the existing facility; and

(3) the period in which the existing facility is closed and the relocated or reconstructed facility begins providing services does not exceed 12 months."

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Page 3, after line 6, insert:

"Sec. 3. APPROPRIATION.

In fiscal year 2013, $137,000 is appropriated from the health care access fund for a study of radiation therapy facilities capacity. This is a onetime appropriation. If an appropriation for this purpose is enacted more than once in the 2012 legislative session, it shall be implemented only once."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 4, line 5, after "electrician," insert "satellite system installer,"

Page 4, line 9, after "elevator contractor," insert "satellite system contractor,"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 322, 1476, 1721, 2340 and 2786 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1534, 1808, 2058, 2112, 2379, 248 and 2324 were read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Swedzinski introduced:

H. F. No. 3002, A bill for an act relating to local governments; prohibiting criminalization and restriction on sale of motor fuel; proposing coding for new law in Minnesota Statutes, chapter 415.

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

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 the Speaker.

There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Peppin from the Committee on Government Operations and Elections reported on the following appointment which had been referred to the committee by the Speaker:

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

GEORGE BECK

Reported the same back with the recommendation that the appointment be confirmed.

Peppin moved that the report of the Committee on Government Operations and Elections relating to the appointment of George Beck to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Peppin moved that the House, having advised, do now consent to and confirm the appointment of George Beck, 4327 Brook Lane, St. Louis Park, Minnesota 55416, in the county of Hennepin, effective February 21, 2012, for a term that expires on January 4, 2016. The motion prevailed and the appointment of George Beck was confirmed by the House.

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Lillie was excused between the hours of 12:30 p.m. and 1:40 p.m.

Peppin from the Committee on Government Operations and Elections reported on the following appointment which had been referred to the committee by the Speaker:

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

NEIL PETERSON

Reported the same back with the recommendation that the appointment be confirmed.

Peppin moved that the report of the Committee on Government Operations and Elections relating to the appointment of Neil Peterson to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Peppin moved that the House, having advised, do now consent to and confirm the appointment of Neil Peterson, 9640 Xylon Avenue South, Bloomington, Minnesota 55438, in the county of Hennepin, effective February 21, 2012, for a term that expires on January 4, 2016.

A roll call was requested and properly seconded.

The question was taken on the Peppin confirmation motion and the roll was called. There were 125 yeas and 5 nays as follows:

Those who voted in the affirmative were:

The motion prevailed and the appointment of Neil Peterson was confirmed by the House.

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. 1766, A bill for an act relating to human services; modifying child care assistance payment of funds; amending Minnesota Statutes 2010, section 119B.09, subdivision 10, as amended.

Cal R. Ludeman, Secretary of 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. 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 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 has concurred in and adopted the report of the Conference Committee on:

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;

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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 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 has concurred in and adopted the report of the Conference Committee on:

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 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 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. 2132, A bill for an act relating to the Washington County Housing and Redevelopment Authority; clarifying the jurisdiction of the authority; amending Laws 1974, chapter 475, sections 1; 2, subdivision 1; 3.

Cal R. Ludeman, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Lohmer moved that the House concur in the Senate amendments to H. F. No. 2132 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2132, A bill for an act relating to housing and redevelopment authorities; clarifying the jurisdiction of the Washington County Housing and Redevelopment Authority and the Anoka County Housing and Redevelopment Authority; amending Minnesota Statutes 2010, sections 383E.17; 383E.18; Laws 1974, chapter 475, sections 1; 2, subdivision 1; 3.

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

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The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

S. F. No. 1143 was reported to the House.

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Scott moved to amend S. F. No. 1143, the unofficial engrossment, as follows:

Page 3, line 3, delete "auditor" and insert "coordinator or administrator. If the county does not employ a coordinator or administrator, the responsible authority shall be the county auditor"

Page 32, after line 24, insert:

"Sec. 64. Minnesota Statutes 2010, section 84.0874, is amended to read:

84.0874 ELECTRONIC LICENSING SYSTEM DATA.

(a) The following data created, collected, stored, or maintained by the department for purposes of obtaining a noncommercial game and fish license, cross-country ski pass, horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any other electronic licensing transaction are private data on individuals as defined in section 13.02, subdivision 12: name, addresses, driver's license number, and date of birth. The data may be disclosed for law enforcement purposes. The data, other than the driver's license number, may be disclosed to a government entity and for natural resources management purposes, including recruitment, retention, and training certification and verification.

(b) Private data on individuals under paragraph (a) may be disclosed as follows:

(1) for use by any government agency, including a court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions;

(2) for use in connection with matters of vehicle or operator safety and theft, emissions, product alterations, recalls or advisories, and performance monitoring;

(3) for use in the normal course of business by a legitimate business or its agents, employees, or contractors, in order to verify the accuracy of personal information submitted by an individual. If the information as submitted is not correct or is no longer correct, correct information may be obtained only for the purpose of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual. If the person requesting access is acting as the agent of a lienholder, the requestor must submit proof of a contract with the lienholder;

(4) for use in connection with any civil, criminal, administrative, or arbitration proceedings in any federal, state, or local court or agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court, provided that the requestor provides a copy of the court order;

(5) for use in research activities and in producing statistical reports, provided that the personal information is not published, redisclosed, or used to contact individuals;

(6) for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting. If the person requesting access is an agent of an insurance company, the requestor must provide the insurance company's name;

(7) for use in providing notice to the owners of towed or impounded recreational vehicles or watercraft. The person requesting access must provide the name, address, and telephone number of the entity that requested that the recreational vehicle or watercraft be towed;

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(8) for use by any licensed private investigative agency or licensed security service for any purpose permitted under this section, provided that the person provides a copy of a valid license;

(9) for use by a lake association to identify the owner of a recreational vehicle or recreational equipment whose data is classified under paragraph (a); and

(10) for use by any requester with the written consent of the subject of the data."

Page 33, line 2, after "name" delete "and" and insert a comma and after "telephone number" insert ", and last four digits of the Social Security number"

Page 33, line 11, after "name" delete "and" and insert a comma and after "telephone number" insert ", and last four digits of the Social Security number"

Page 34, delete lines 2 and 3

Page 34, line 4, delete "(c)" and insert "(b)"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Dill moved to amend the Scott amendment to S. F. No. 1143, the unofficial engrossment, as follows:

Page 2, delete line 21

Page 2, line 22, delete everything before "and"

Page 2, line 23, delete "(10)" and insert "(9)"

The motion did not prevail and the amendment to the amendment was not adopted.

The Speaker called Davids to the Chair.

The question recurred on the Scott amendment to S. F. No. 1143, the unofficial engrossment. The motion prevailed and the amendment was adopted.

Morrow and Thissen were excused between the hours of 1:25 p.m. and 2:05 p.m.

Speaker pro tempore Davids called Lanning to the Chair.

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Rukavina and Holberg moved to amend S. F. No. 1143, the unofficial engrossment, as amended, as follows:

Page 33, after line 32, insert:

"Sec. 66. DEPENDENT AUDIT PRACTICES PROHIBITED.

The commissioner of management and budget may not implement a dependent eligibility verification audit services contract for state insurance benefits that requires a state employee or a dependent of a state employee to submit to a private vendor data that would be private data on individuals, as defined in Minnesota Statutes, chapter 13, if held by a government entity.

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

Page 34, after line 5, insert:

"(d) Laws 2011, First Special Session chapter 10, article 3, section 40, is repealed 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.

Mullery moved to amend S. F. No. 1143, the unofficial engrossment, as amended, as follows:

Page 8, delete section 22

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 Mullery amendment and the roll was called. There were 67 yeas and 65 nays as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

S. F. No. 2334 was reported to the House.

Winkler moved to amend S. F. No. 2334, the first engrossment, as follows:

Page 1, before line 5, insert:

"Section 1. Minnesota Statutes 2010, section 10A.01, subdivision 21, is amended to read:

Journal of the House - 103rd Day - Tuesday, April 17, 2012 - Top of Page 8428

Subd. 21. Lobbyist. (a) "Lobbyist" means an individual:

(1) engaged for pay or other consideration of more than $3,000 from all sources in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or

(2) who spends more than $250, not including the individual's own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or

(3) who attempts to influence legislative adoption of model legislation written or distributed by a principal.

(b) "Lobbyist" does not include:

(1) a public official;

(2) an employee of the state, including an employee of any of the public higher education systems;

(3) an elected local official;

(4) a nonelected local official or an employee of a political subdivision acting in an official capacity, unless the nonelected official or employee of a political subdivision spends more than 50 hours in any month attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit other than the political subdivision employing the official or employee, by communicating or urging others to communicate with public or local officials, including time spent monitoring legislative or administrative action, or the official action of a metropolitan governmental unit, and related research, analysis, and compilation and dissemination of information relating to legislative or administrative policy in this state, or to the policies of metropolitan governmental units;

(5) a party or the party's representative appearing in a proceeding before a state board, commission, or agency of the executive branch unless the board, commission, or agency is taking administrative action;

(6) an individual while engaged in selling goods or services to be paid for by public funds;

(7) a news medium or its employees or agents while engaged in the publishing or broadcasting of news items, editorial comments, or paid advertisements which directly or indirectly urge official action;

(8) a paid expert witness whose testimony is requested by the body before which the witness is appearing, but only to the extent of preparing or delivering testimony; or

(9) a party or the party's representative appearing to present a claim to the legislature and communicating to legislators only by the filing of a claim form and supporting documents and by appearing at public hearings on the claim.

(c) An individual who volunteers personal time to work without pay or other consideration on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause (2), need not register as a lobbyist.

(d) An individual who provides administrative support to a lobbyist and whose salary and administrative expenses attributable to lobbying activities are reported as lobbying expenses by the lobbyist, but who does not communicate or urge others to communicate with public or local officials, need not register as a lobbyist.

Journal of the House - 103rd Day - Tuesday, April 17, 2012 - Top of Page 8429

Sec. 2. Minnesota Statutes 2010, section 10A.01, is amended by adding a subdivision to read:

Subd. 25a. Model legislation. "Model legislation" means legislation written or distributed by a principal to public officials of more than one state.

Sec. 3. Minnesota Statutes 2010, section 10A.01, subdivision 33, is amended to read:

Subd. 33. Principal. "Principal" means an individual or association that:

(1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist, compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or

(2) is not included in clause (1) and spends a total of at least $50,000 in any calendar year on efforts to influence legislative action, administrative action, or the official action of metropolitan governmental units, as described in section 10A.04, subdivision 6; or

(3) drafts, promotes, or distributes model legislation to any public official of this state with the purpose of influencing a public official to introduce the legislation or vote in favor of the legislation.

Sec. 4. Minnesota Statutes 2010, section 10A.01, is amended by adding a subdivision to read:

Subd. 35a. Scholarship funds. "Scholarship funds" means money or other financial support given by a principal to, or on behalf of, a public official to reimburse or pay for all or part of the costs of attending a conference, meeting, or event where model legislation will be presented, discussed, distributed, or made available."

Page 2, after line 2, insert:

"(e) A principal that grants scholarship funds for a public official to attend a conference, meeting, or event must report:

(1) the names of all public officials that received scholarship funds for attendance at the conference, meeting, or event; and

(2) the names of any entity or individuals who contributed money towards scholarship funds; when possible, the report must identify the entities or individuals who contributed to each recipient's scholarship."

Page 2, line 4, after "thereafter" insert ", except that paragraph (e) is effective August 1, 2012"

Page 2, after line 4, insert:

"Sec. 6. Minnesota Statutes 2010, section 10A.09, subdivision 5, is amended to read:

Subd. 5. Form. A statement of economic interest required by this section must be on a form prescribed by the board. The individual filing must provide the following information:

(1) name, address, occupation, and principal place of business;

(2) the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more;

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(4) a listing of all real property within the state in which a partnership of which the individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate the street address and the municipality or the section, township, range and approximate acreage, whichever applies, and the county in which the property is located; ~~and~~

(5) a listing of any investments, ownership, or interests in property connected with pari-mutuel horse racing in the United States and Canada, including a racehorse, in which the individual directly or indirectly holds a partial or full interest or an immediate family member holds a partial or full interest; and

(6) a listing of all scholarship funds received, or paid on the individual's behalf, the amount of each scholarship, the granting entity, and the conference, meeting, or event for which the scholarship funds were granted."

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 60 yeas and 72 nays as follows:

Those who voted in the affirmative were:

The bill was passed, as amended, 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, Holberg announced her intention to place S. F. No. 506; H. F. Nos. 2580, 2729, 2958, 2754, 1476, 322, 2340, 1721 and 2786; and S. F. Nos. 2324, 248 and 1678 on the Fiscal Calendar for Wednesday, April 18, 2012.

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 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:

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H. F. No. 2294, A bill for an act relating to state government; making adjustments to health and human services appropriations; making changes to provisions related to health care, the Department of Health, children and family services, continuing care, chemical dependency, child support, background studies, homelessness, and vulnerable children and adults; providing for data sharing; requiring eligibility determinations; requiring the University of Minnesota to request funding for rural primary care training; providing for the release of medical assistance liens; requiring reporting of potential welfare fraud; providing penalties; providing appointments; providing grants; requiring studies and reports; appropriating money; amending Minnesota Statutes 2010, sections 62D.02, subdivision 3; 62D.05, subdivision 6; 62D.12, subdivision 1; 62J.496, subdivision 2; 62Q.80; 62U.04, subdivisions 1, 2, 4, 5; 119B.13, subdivision 3a; 144.1222, by adding a subdivision; 144.292, subdivision 6; 144.293, subdivision 2; 144.298, subdivision 2; 144A.351; 144D.04, subdivision 2; 145.906; 245.697, subdivision 1; 245A.03, by adding a subdivision; 245A.10, by adding a subdivision; 245A.11, subdivision 7; 245B.07, subdivision 1; 245C.04, subdivision 6; 245C.05, subdivision 7; 252.27, subdivision 2a; 254A.19, by adding a subdivision; 256.01, by adding subdivisions; 256.9831, subdivision 2; 256B.056, subdivision 1a; 256B.0625, subdivisions 9, 28a, by adding subdivisions; 256B.0659, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.0754, subdivision 2; 256B.0915, subdivision 3g; 256B.092, subdivisions 1b, 7, by adding subdivisions; 256B.0943, subdivision 9; 256B.431, subdivision 17e, by adding a subdivision; 256B.441, by adding a subdivision; 256B.49, by adding a subdivision; 256B.69, subdivision 9, by adding subdivisions; 256D.06, subdivision 1b; 256D.44, subdivision 5; 256E.37, subdivision 1; 256I.05, subdivision 1e; 256J.08, by adding a subdivision; 256J.26, subdivision 1, by adding a subdivision; 256J.45, subdivision 2; 256J.50, by adding a subdivision; 256J.521, subdivision 2; 256L.07, subdivision 3; 462A.29; 514.981, subdivision 5; 518A.40, subdivision 4; Minnesota Statutes 2011 Supplement, sections 62E.14, subdivision 4g; 62U.04, subdivisions 3, 9; 119B.13, subdivision 7; 245A.03, subdivision 7; 256.045, subdivision 3; 256.987, subdivisions 1, 2, by adding subdivisions; 256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions 8, 8a, 8b, 38; 256B.0911, subdivisions 3a, 3c; 256B.0915, subdivisions 3e, 3h; 256B.097, subdivision 3; 256B.49, subdivisions 14, 15, 23; 256B.5012, subdivision 13; 256B.69, subdivisions 5a, 5c; 256E.35, subdivisions 5, 6; 256I.05, subdivision 1a; 256J.49, subdivision 13; 256L.031, subdivisions 2, 3, 6; 256L.12, subdivision 9; 256M.40, subdivision 1; Laws 2010, chapter 374, section 1; Laws 2011, First Special Session chapter 9, article 7, sections 52; 54; article 9, section 18; article 10, section 3, subdivisions 1, 3, 4; proposing coding for new law in Minnesota Statutes, chapters 144; 256B; 626.

The Senate has appointed as such committee:

Senators Hann, Rosen, Benson, Nienow and Lourey.

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. 2949, A bill for an act relating to education; modifying certain early childhood and kindergarten through grade 12 policy and finance provisions; requiring reports; appropriating money; amending Minnesota Statutes 2010, sections 120B.13, subdivision 4; 124D.09, subdivisions 9, 10, 12, 24; 135A.101, subdivision 1; 471.975; Minnesota Statutes 2011 Supplement, sections 120B.07; 120B.08; 120B.09; 120B.36, subdivision 1; 124D.09, subdivision 5; 126C.126; 126C.40, subdivision 1; Laws 2011, First Special Session chapter 11, article 5, section 11; article 7, section 2, subdivision 8; repealing Minnesota Statutes 2010, section 124D.09, subdivision 23.

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The Senate has appointed as such committee:

Senators Olson, Hann, Chamberlain, Stumpf and Bonoff.

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. 1974, A bill for an act relating to public employment; providing that certain contract terms do not continue in effect after expiration of a collective bargaining agreement; amending Minnesota Statutes 2010, section 179A.20, subdivision 6, by adding a subdivision.

Cal R. Ludeman, Secretary of the Senate

Drazkowski moved that the House refuse to concur in the Senate amendments to H. F. No. 1974, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 288, A bill for an act relating to health; regulating dental laboratories; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 150A.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Howe, Pederson and Sieben.

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

Kelly 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. 288. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 1573 and 1597.

Cal R. Ludeman, Secretary of the Senate

Journal of the House - 103rd Day - Tuesday, April 17, 2012 - Top of Page 8441

FIRST READING OF SENATE BILLS

S. F. No. 1573, A bill for an act relating to higher education; requiring the provision of textbook information to certain students; providing for the continued operation of Minnesota State Colleges and Universities in certain circumstances; increasing Minnesota State Colleges and Universities system revenue bond authority; prescribing uses of the permanent university fund; providing a graduate study benefit to certain safety officer survivors; making miscellaneous technical changes; amending Minnesota Statutes 2010, sections 135A.25, subdivision 5; 136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3, by adding a subdivision; 136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35; 299A.45, subdivisions 1, 2.

The bill was read for the first time.

Nornes moved that S. F. No. 1573 and H. F. No. 2065, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1597, A bill for an act relating to military affairs; changing the small business set-aside program for veteran-owned small businesses; authorizing county set-aside programs for veteran-owned small businesses; changing the award to veteran-owned businesses in state procurement biddings; adding veterans to special emphasis in state job recruitment; increasing credits for veterans in examination ratings in hiring; changing pay differential salary for school district employees who are members of the National Guard or other reserve unit on active duty; providing civil actions; amending Minnesota Statutes 2010, sections 1.05, by adding a subdivision; 16C.16, subdivision 6a; 43A.09; 161.321, subdivisions 2, 5, by adding subdivisions; 197.455, subdivisions 4, 5; 471.975; proposing coding for new law in Minnesota Statutes, chapter 375.

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

MOTIONS AND RESOLUTIONS

Clark moved that the name of Liebling be added as an author on H. F. No. 1902. The motion prevailed.

Eken moved that the name of Pelowski be added as an author on H. F. No. 2197. The motion prevailed.

Wardlow moved that the name of Hansen be added as an author on H. F. No. 2365. The motion prevailed.

Doepke moved that the name of Kiffmeyer be added as an author on H. F. No. 2596. The motion prevailed.

Lesch moved that the name of Paymar be added as an author on H. F. No. 2807. The motion prevailed.

ADJOURNMENT

Dean moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, April 18, 2012. The motion prevailed.

Dean moved that the House adjourn. The motion prevailed, and Speaker pro tempore Davids declared the House stands adjourned until 10:00 a.m., Wednesday, April 18, 2012.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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