STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2012
_____________________
ONE
HUNDRED FIFTH DAY
Saint Paul, Minnesota, Thursday, April 19, 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 Paris
Pasch, Christ's Family Church, Hastings, Minnesota.
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
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Kelly was excused.
Greene was excused until 3:15 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 CHIEF CLERK
S. F. No. 1199 and
H. F. No. 1476, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Scott moved that the rules be so far
suspended that S. F. No. 1199 be substituted for H. F. No. 1476
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1921 and
H. F. No. 2340, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Holberg moved that the rules be so far
suspended that S. F. No. 1921 be substituted for
H. F. No. 2340 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. 462, A bill for an act relating to health occupations; providing for a Nurse Licensure Compact; providing for appointments; proposing coding for new law in Minnesota Statutes, chapter 148.
Reported the same back with the following amendments:
Page 10, after line 33, insert:
"Sec. 6. APPROPRIATION.
$149,000 in fiscal year 2013 is appropriated from the state government special revenue fund to the Board of Nursing for the purposes of this act. The state government special revenue fund base appropriation is increased by $6,000 in fiscal years 2014 and 2015."
Renumber the sections in sequence and correct the internal references
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. 2136, A bill for an act relating to motor vehicles; providing for electronic insurance identification cards; regulating salvage titles; modifying the disclosure of motor vehicle damage; amending Minnesota Statutes 2010, sections 65B.482, subdivision 1; 168A.01, subdivisions 6a, 8a, 12a; 168A.151, subdivision 1; 325F.6641; 325F.6644, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 3, delete the new language and reinstate the stricken language
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. 2169, A bill for an act relating to state government; providing methods for certain review of, and reporting on, agency rules; amending Minnesota Statutes 2010, sections 3.842, subdivision 4a; 14.05, subdivision 1, by adding a subdivision; 14.116; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.10; 3D.11.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 14.116, is amended to read:
14.116
NOTICE TO LEGISLATURE.
(a) By January 15 each year, each
agency must submit its rulemaking docket maintained under section 14.366, and
the official rulemaking record required under section 14.365 for any rule
adopted during the preceding calendar year, to the chairs and ranking minority
members of the legislative policy and budget committees with jurisdiction over
the subject matter of the proposed rule.
(b) When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.
(c) In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency shall make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief house of representatives and senate authors of the bill granting the rulemaking authority. If the bill was amended to include this rulemaking authority, the agency shall make reasonable efforts to send the notice and the statement to the chief house of representatives and senate authors of the amendment granting rulemaking authority, rather than to the chief authors of the bill.
Sec. 2. Minnesota Statutes 2010, section 14.131, is amended to read:
14.131
STATEMENT OF NEED AND REASONABLENESS.
By the date of the section 14.14, subdivision 1a, notice, the agency must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule. The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge and must include the following to the extent the agency, through reasonable effort, can ascertain this information:
(1) a description of the classes of persons who probably will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;
(2) the probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule;
(4) a description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;
(5) the probable costs of complying with the proposed rule, including the portion of the total costs that will be borne by identifiable categories of affected parties, such as separate classes of governmental units, businesses, or individuals;
(6) the probable costs or consequences of
not adopting the proposed rule, including those costs or consequences borne by
identifiable categories of affected parties, such as separate classes of
government units, businesses, or individuals; and
(7) an assessment of any differences
between the proposed rule and existing federal regulations and a specific
analysis of the need for and reasonableness of each difference.; and
(8) an assessment of the cumulative
effect of the rule with other federal and state regulations related to the
specific purpose of the rule.
The statement must describe how the agency, in developing the rules, considered and implemented the legislative policy supporting performance-based regulatory systems set forth in section 14.002.
For purposes of clause (8),
"cumulative effect" means the impact that results from incremental
impact of the proposed rule in addition to other rules, regardless of what
state or federal agency has adopted the other rules. Cumulative
effects can result from individually minor but collectively significant rules
adopted over a period of time.
The statement must also describe the agency's efforts to provide additional notification under section 14.14, subdivision 1a, to persons or classes of persons who may be affected by the proposed rule or must explain why these efforts were not made.
The agency must consult with the commissioner of management and budget to help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local government. The agency must send a copy of the statement of need and reasonableness to the Legislative Reference Library when the notice of hearing is mailed under section 14.14, subdivision 1a.
Sec. 3. REPORTS.
By January 15, 2013, the Pollution Control Agency, Department of Natural Resources, Board of Water and Soil Resources, Environmental Quality Board, and Department of Agriculture must each report to the governor, the Legislative Coordinating Commission, and the policy and funding committees and divisions with jurisdiction over the agency. Each report must update information that was reported as required by Laws 2000, chapter 469, section 4, subdivision 1. The reports from the Board of Water and Soil Resources and the Environmental Quality Board must include the information required by Laws 2000, chapter 469, section 4, subdivision 1."
Delete the title and insert:
"A bill for an act relating to state government; regulating agency rulemaking; modifying notice to the legislature and requirements for statements of need and reasonableness; requiring certain reports; amending Minnesota Statutes 2010, sections 14.116; 14.131."
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. 2269, A bill for an act relating to elections; determining funds for Help America Vote Act; appropriating money.
Reported the same back with the following amendments:
Page 1, line 6, delete "$1,080,000" and insert "$750,000" and after "appropriated" insert "in fiscal year 2013"
Page 1, line 10, after the period, insert "The secretary of state must not make any reductions to the business services division to offset any reductions to election services."
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. 2458, A bill for an act relating to state government; creating an advisory inspections process; proposing coding for new law in Minnesota Statutes, chapter 15.
Reported the same back with the following amendments:
Page 1, line 7, after "must" insert ", except as provided in paragraphs (f) and (g),"
Page 1, line 8, after the period, insert "An agency is not required to conduct an advisory inspection if the agency has a regularly scheduled inspection that would occur within 90 days after the request for the advisory inspection, or if before an advisory inspection is requested, the agency has notified the person that it will be conducting an inspection within 45 days."
Page 2, after line 23, insert:
"(f) If agency staff resources are limited, an agency must give higher priority to the agency's regular inspections over advisory inspections under this section. In so far as conducting advisory inspections reduces an agency's costs, the savings must be reflected in the charges for advisory inspections. An agency may not add additional staff complement for purposes of this section before July 1, 2013. An agency may not add additional staff complement for purposes of this section after July 1, 2013, unless: (1) the agency has presented a request for additional staff complement to the legislature; (2) the agency has documented the demand for advisory inspections and has documented why additional staff complement is needed to meet the demand; and (3) the agency has documented that the revenue generated by advisory inspections will cover the expenses of the additional staff complement."
Page 2, line 24, delete "(f)" and insert "(g)"
Page 2, line 29, after "life" insert "or presents significant risk of major injury or severe emotional harm to humans"
Page 3, after line 3, insert:
"(h) An agency may terminate an advisory inspection and proceed as if an inspection were a regular inspection if, in the process of conducting an advisory inspection, the agency finds a situation that the agency determines: could lead to criminal penalties; endangers human life or presents significant risk of major injury or severe emotional harm to humans; or evidences a pattern of willful violations."
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. 2555, A bill for an act relating to state government; implementing changes to the sunset review; changing certain agency requirements; requiring posting of convictions of felonies or gross misdemeanors and malpractice settlements or judgments for a regulated practitioner; requiring certain information on regulated practitioners; requiring a study; prohibiting transfer of certain funds; requiring reports; setting fees; abolishing the Combative Sports Commission and transferring combative sports duties to the commissioner of labor and industry; establishing a Combative Sports Advisory Council; requiring a review of the Minnesota Board of Medical Practice; regulating alcohol and drug counselors; changing requirements for licensed professional clinical counselors; changing provisions for health-related licensing boards; changing provisions for the practice of dentistry; appropriating money; amending Minnesota Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision; 148.10, subdivision 7; 148.102, by adding a subdivision; 148.261, subdivision 1; 148.263, by adding a subdivision; 148B.07, by adding a subdivision; 148B.5301, subdivisions 1, 4, by adding a subdivision; 148B.54, subdivisions 2, 3; 148C.095, by adding a subdivision; 148E.285, by adding a subdivision; 150A.06, subdivisions 1c, 3, 4, 6; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 150A.13, by adding a subdivision; 150A.14; 153.24, by adding a subdivision; 214.06, subdivisions 1, 1a, by adding a subdivision; 214.09, by adding a subdivision; 214.103; 341.21, by adding a subdivision; 341.28, subdivision 1; 341.37; Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 1, 2; Laws 2010, chapter 349, section 1; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214; 341; proposing coding for new law as Minnesota Statutes, chapter 148F; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06; 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12,
12a, 13, 14, 15, 16, 17, 18; 148C.015; 148C.03, subdivisions 1, 4; 148C.0351, subdivisions 1, 3, 4; 148C.0355; 148C.04, subdivisions 1, 2, 3, 4, 5a, 6, 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5, 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 341.21, subdivisions 3, 4a; 341.22; 341.23; 341.24; 341.26; Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, 29; 4747.0040; 4747.0050; 4747.0060; 4747.0070, subparts 1, 2, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 4747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, 9; 4747.1400, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13; 4747.1500; 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.
Reported the same back with the following amendments:
Page 10, after line 23, insert:
"Sec. 13. Minnesota Statutes 2010, section 148.5194, subdivision 5, is amended to read:
Subd. 5. Nonrefundable
Use and refunds of fees. All
fees are nonrefundable. The
commissioner shall only use fees collected under this section for the purposes
of administering this chapter. The
legislature must not transfer money generated by these fees from the state
government special revenue fund to the general fund. Surcharges collected by the commissioner of
health under section 16E.22 are not subject to this subdivision.
Sec. 14. Minnesota Statutes 2010, section 148.6445, subdivision 10, is amended to read:
Subd. 10. Nonrefundable
Use and refunds of fees. All
fees are nonrefundable. The
commissioner shall only use fees collected under this section for the purposes
of administering this chapter. The
legislature must not transfer money generated by these fees from the state
government special revenue fund to the general fund. Surcharges collected by the commissioner of
health under section 16E.22 are not subject to this subdivision."
Page 11, after line 22, insert:
"Sec. 20. Minnesota Statutes 2010, section 153A.17, is amended to read:
153A.17
EXPENSES; FEES.
(a) The expenses for administering the
certification requirements, including the complaint handling system for hearing
aid dispensers in sections 153A.14 and 153A.15, and the Consumer Information
Center under section 153A.18, must be paid from initial application and
examination fees, renewal fees, penalties, and fines. The commissioner shall only use fees
collected under this section for the purposes of administering this chapter. The legislature must not transfer money
generated by these fees from the state government special revenue fund to the
general fund. Surcharges collected by
the commissioner of health under section 16E.22 are not subject to this
paragraph.
(b) The fees are as follows:
(1) the initial and annual renewal certification application fee is $600;
(2) the initial examination fee for the written portion is $500, and for each time it is taken, thereafter;
(3) the initial examination fee for the practical portion is $1,200, and $600 for each time it is taken, thereafter; for individuals meeting the requirements of section 148.515, subdivision 2, the fee for the practical portion of the hearing instrument dispensing examination is $250 each time it is taken;
(4) the trainee application fee is $200;
(5) the penalty fee for late submission of a renewal application is $200; and
(6) the fee for verification of certification to other jurisdictions or entities is $25.
(c) The commissioner may prorate the certification fee for new applicants based on the number of quarters remaining in the annual certification period.
(d) All fees are nonrefundable. All fees, penalties, and fines received must be deposited in the state government special revenue fund.
(e) Beginning July 1, 2009, until June 30, 2016, a surcharge of $100 shall be paid at the time of initial certification application or renewal to recover the commissioner's accumulated direct expenditures for administering the requirements of this chapter."
Page 12, line 8, delete "six months" and insert "one year"
Page 12, line 23, delete everything after the second comma
Page 12, delete line 24
Page 12, line 25, delete everything before "and"
Page 12, line 27, after the period, insert "Surcharges collected by a health-related licensing board under section 16E.22 are not subject to this subdivision."
Page 13, line 14, delete "three" and insert "two"
Page 13, line 15, delete "ten" and insert "five" and delete the second "the"
Page 13, line 17, delete "the action" and insert "actions" and delete "the licensee" and insert "licensees"
Page 14, line 2, delete everything after the period
Page 14, delete lines 3 to 9
Page 17, delete section 26 and insert:
"Sec. 29. REPORT;
INFORMATION SYSTEMS FOR LICENSING BOARDS.
The commissioner of administration and the Office of Enterprise Technology utilizing business rules from the health licensing boards shall report to the legislature by January 15, 2013, the best system for providing electronic licensing, disciplinary, regulatory, and investigative services for the health-related licensing boards. Any costs incurred in preparing this report must be paid from surcharges collected under Minnesota Statutes, section 16E.22."
Page 17, line 27, delete "by the board"
Page 17, line 28, before the period, insert ", for the health-related licensing boards or Minnesota Statutes, section 144.122, for the commissioner of health"
Page 18, after line 19, insert:
"(5) the commissioner of health;"
Page 18, line 20, delete "(5)" and insert "(6)"
Page 18, line 21, delete "(6)" and insert "(7)"
Page 18, line 26, delete everything after the period and insert "The costs incurred by the commissioner of health to convene and support the working group must be paid from the"
Page 18, line 30, after "(f)" insert "No later than January 1, 2013,"
Page 18, delete section 30 and insert:
"Sec. 33. BOARD
OF MEDICAL PRACTICE REVIEW.
The legislative auditor is requested to conduct a special investigation of the Minnesota Board of Medical Practice and its implementation of the Medical Practice Act. The legislative auditor is requested to submit the results of the investigation to the Sunset Advisory Commission and to the chairs and ranking minority members of the senate and house of representatives policy committees having jurisdiction over the board by January 1, 2013."
Page 19, delete section 31
Page 21, delete article 4
Page 62, delete article 5
Page 66, delete section 1
Page 71, delete section 6
Page 72, delete article 7 and insert:
"ARTICLE 5
APPROPRIATIONS
Section 1.
APPROPRIATION; LEGISLATIVE
COORDINATING COMMISSION.
$127,000 is appropriated to the
Legislative Coordinating Commission from the general fund for the fiscal year
ending June 30, 2013, to provide staff services or to enter into contracts to
assist the Sunset Advisory Commission. The
general fund budget base for the Legislative Coordinating Commission, as
established in Laws 2011, First Special Session chapter 10, article 1, section
2, is increased by $160,000 beginning in fiscal year 2014.
Sec. 2. MEDICAL
PRACTICE ACT; STUDY.
$50,000 is appropriated in fiscal year
2013 to the Board of Medical Practice from the health occupations licensing
account in the state government special revenue fund for transfer to the
commissioner of health to convene and support the working group evaluating the
state's Medical Practice Act. This is a
onetime appropriation.
Sec. 3. HEALTH-RELATED
LICENSING BOARDS.
The following amounts are appropriated
in fiscal year 2013 to the following health-related licensing boards from the
state government special revenue fund to carry out the duties in article 2:
(1) $73,000 to the Board of Behavioral
Health and Therapy;
(2) $90,000 to the Board of Chiropractic
Examiners;
(3) $194,000 to the Board of Dentistry;
(4) $15,000 to the Board of Dietetics
and Nutrition Practice;
(5) $19,000 to the Board of Marriage and
Family Therapy;
(6) $176,000 to the Board of Medical
Practice;
(7) $407,000 to the Board of Nursing;
(8) $16,000 to the Board of Nursing Home
Administrators;
(9) $14,000 to the Board of Optometry;
(10) $87,000 to the Board of Pharmacy;
(11) $25,000 to the Board of Physical
Therapy;
(12) $17,000 to the Board of Podiatric
Medicine;
(13) $48,000 to the Board of Psychology;
(14) $48,000 to the Board of Social
Work; and
(15) $26,000 to the Board of Veterinary Medicine."
Renumber the sections and articles in sequence and correct the internal references
Amend the title as follows:
Page 1, line 6, after "reports" insert "and a financial audit"
Page 1, line 10, delete everything after the first semicolon
Page 1, line 11, delete everything before "changing"
Page 1, line 12, delete "changing provisions for the practice of dentistry;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 462, 2136, 2169,
2269, 2458 and 2555 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. Nos. 1199 and 1921
were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Davnie introduced:
H. F. No. 3004, A bill for an act relating to education;
providing for policies to prevent harassment, bullying, intimidation, and
violence in education; amending Minnesota Statutes 2010, section 363A.13,
subdivisions 1, 2; Minnesota Statutes 2011 Supplement, sections 124D.10,
subdivision 8; 127A.42, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2010, sections
121A.03; 121A.0695; 363A.27.
The bill was read for the first time and referred to the
Committee on Education Reform.
Howes and Murphy, E., introduced:
H. F. No. 3005, A bill for an act relating to health;
regulating the practice of orthotics, prosthetics, and pedorthics; requiring
licensure; proposing coding for new law as Minnesota Statutes, chapter 153B.
The bill was read for the first time and referred to the
Committee on Health and Human Services Reform.
Kahn; Knuth; Greiling; Wagenius; Huntley; Hornstein; Murphy,
E.; Loeffler; Hausman and Carlson introduced:
H. F. No. 3006, A bill for an act relating to health;
prohibiting the nontherapeutic use of antimicrobial drugs for food animals;
prohibiting the sale of food produced from animals administered antimicrobial
drugs for nontherapeutic uses; proposing coding for new law in Minnesota
Statutes, chapter 35.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development Policy and 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 the Speaker.
Bills was excused for the remainder of
today's session.
FISCAL CALENDAR
Pursuant to rule 1.22, Holberg requested
immediate consideration of H. F. No. 2958.
H. F. No. 2958, A bill for an act relating to finance; modifying the membership of the Legislative Advisory Commission; authorizing the Legislative Advisory Commission to review requests to spend federal money; limiting the authority to spend federal money without legislative review to certain emergency management purposes; providing for the validation of certain appropriation bonds; establishing an apprenticeship and on-the-job training program to administer a portion of the Minnesota GI Bill program; eliminating a surcharge on special veteran's plates for certain trucks; appropriating money for honor guards, soft body armor, and disaster deficiency; amending Minnesota Statutes 2010, sections 3.30, subdivision 2; 3.3005, subdivisions 2a, 4, 5, 6, by adding a subdivision; 12.22, subdivision 1; 116.03, subdivision 3; 197.791, subdivision 6, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 16A.96, by adding a subdivision; 168.123, subdivision 1.
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 80 yeas and 50 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.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Howes
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lesch
Lillie
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Persell
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Falk
Gauthier
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Liebling
Loeffler
Mahoney
Mariani
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Winkler
The
bill was passed and its title agreed to.
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. 1236, A bill for an act relating to health; establishing a pharmacy audit integrity program; proposing coding for new law in Minnesota Statutes, chapter 151.
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. 1812, A bill for an act relating to state government; permitting the Department of Administration to contract for waste hauling without determining whether state employees are able to do the work; proposing coding for new law in Minnesota Statutes, chapter 16C.
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. 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.
The Senate has appointed as such committee:
Senators Parry, Thompson and Hoffman.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2334, A bill for an act relating to lobbying; modifying principal reports; amending Minnesota Statutes 2010, section 10A.04, subdivision 6.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Vandeveer, Limmer 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
Peppin 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. 2334. The motion prevailed.
The Speaker called Davids to the Chair.
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. 738, A bill for an act relating to public safety; modifying certain harassment restraining order provisions; amending Minnesota Statutes 2010, section 609.748, subdivisions 4, 5, 6.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Cornish moved that the House concur in the
Senate amendments to H. F. No. 738 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
H. F. No. 738, A bill for an act relating to public safety; providing public notice for release hearing for killers of peace officers; modifying certain harassment restraining order provisions; amending Minnesota Statutes 2010, sections 244.05, by adding a subdivision; 609.748, subdivisions 4, 5, 6.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
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
Paymar
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
Wardlow
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. 1175, A bill for an act relating to motor vehicles; authorizing additional deputy registrar of motor vehicles for Scott County; providing for provisional reinstatement of the Golden Valley deputy registrar.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Buesgens moved that the House concur in
the Senate amendments to H. F. No. 1175 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1175, A bill for an act relating to motor vehicles; authorizing additional deputy registrar of motor vehicles for Scott County.
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 127 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
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
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Abeler
Peppin
Petersen, B.
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. 1813, A bill for an act relating to state government; providing for availability of contractors to assist state agencies in certain reorganization.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Benson, M., moved that the House concur in
the Senate amendments to H. F. No. 1813 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1813, A bill for an act relating to state government; requiring a list of eligible contractors be made available under a master contract program.
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 87 yeas and 43 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.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Howes
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Falk
Fritz
Gauthier
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Persell
Rukavina
Slocum
Thissen
Tillberry
Wagenius
Ward
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. 1976, A bill for an act relating to state government; requiring state appointing authorities to use the federal E-Verify program; proposing coding for new law in Minnesota Statutes, chapter 43A.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Leidiger moved that the House concur in
the Senate amendments to H. F. No. 1976 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1976, A bill for an act relating to state government; requiring state appointing authorities to use the federal E-Verify program; proposing coding for new law in Minnesota Statutes, chapter 43A.
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 78 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hilstrom
Holberg
Hoppe
Hortman
Howes
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
Norton
O'Driscoll
Peppin
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Slawik
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Falk
Fritz
Gauthier
Greiling
Hansen
Hausman
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Knuth
Laine
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Simon
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
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. 2246, A bill for an act relating to public safety; allowing convictions under the original criminal vehicular operation law to enhance certain DWI offenses; correcting a legislative oversight; amending Minnesota Statutes 2010, sections 169A.03, subdivisions 20, 21; 169A.24, subdivision 1.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Daudt moved that the House concur in the
Senate amendments to H. F. No. 2246 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2246, A bill for an act relating to public safety; allowing convictions under the original criminal vehicular operation law to enhance certain DWI offenses; correcting a legislative oversight; amending Minnesota Statutes 2010, sections 169A.03, subdivisions 20, 21; 169A.24, subdivision 1.
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 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
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
Wardlow
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 Senate Files, herewith transmitted:
S. F. Nos. 1653, 1755 and
1933.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1653, A bill for an act relating to labor and industry; clarifying employee classification of independent contractors; providing pilot project for contractor registration; providing for penalties; amending Minnesota Statutes 2010, sections 181.723, subdivisions 1, 3, 4, 7, 15, 16, by adding subdivisions; 289A.31, subdivision 5; 299F.011,
by adding a subdivision; 326B.081, subdivision 3; 326B.809; Minnesota Statutes 2011 Supplement, section 181.723, subdivision 5; repealing Minnesota Statutes 2010, sections 181.723, subdivisions 6, 8, 9, 10, 11, 12, 14, 17; 290.92, subdivision 31; Minnesota Rules, parts 5202.0100; 5202.0110; 5202.0120; 5202.0130; 5202.0140; 5202.0150; 5202.0160.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 1755, A bill for an act relating to state government; authorizing certain negotiations to avoid layoffs; amending Minnesota Statutes 2010, section 179A.22, by adding a subdivision.
The bill was read for the first time.
Drazkowski moved that S. F. No. 1755 and H. F. No. 1977, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1933, A bill for an act relating to health care; creating a health care compact; proposing coding for new law as Minnesota Statutes, chapter 143.
The bill was read for the first time.
Gottwalt moved that S. F. No. 1933 and H. F. No. 2339, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
FISCAL CALENDAR
Pursuant to rule 1.22, Holberg requested
immediate consideration of H. F. No. 2754.
H. F. No. 2754 was reported
to the House.
Howes moved to amend H. F. No. 2754, the first engrossment, as follows:
Page 1, line 7, before "$221,000,000" insert "(a)"
Page 1, after line 21, insert:
"(b) $225,000 is appropriated from the bond proceeds fund to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8."
Page 1, line 24, delete "$221,000,000" and insert "$221,225,000"
The
motion prevailed and the amendment was adopted.
The
Speaker resumed the Chair.
MOTION FOR RECONSIDERATION
Howes moved that the vote whereby the
Howes amendment to H. F. No. 2754, the first engrossment, as
amended, was adopted be now reconsidered.
The motion prevailed.
Howes withdrew his amendment to H. F. No.
2754, the first engrossment.
H. F. No. 2754, A bill for an act relating to capital investment; appropriating money for repair and restoration improvements of the State Capitol; authorizing the sale and issuance of state bonds.
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 80 yeas and 50 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.
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hausman
Hilty
Holberg
Hoppe
Howes
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Loeffler
Lohmer
Loon
Mack
Mariani
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Mullery
Murdock
Murphy, M.
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Atkins
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Hansen
Hilstrom
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Laine
Lenczewski
Lesch
Liebling
Lillie
Mahoney
Marquart
Melin
Moran
Morrow
Murphy, E.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Winkler
Not having received the constitutionally
required three-fifths vote, the bill was not passed.
The Speaker called Davids to the Chair.
Pursuant to rule 1.22, Holberg requested
immediate consideration of S. F. No. 1573.
S. F. No. 1573 was reported
to the House.
Nornes moved to amend
S. F. No. 1573, the second engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 2065, the
second engrossment:
"Section 1. [135A.044]
STUDENT HEALTH CARE.
A governing board of a Minnesota public
postsecondary system that requires health benefit plan coverage for students
must offer options for health plan coverage.
The options must include an option to waive the requirement to purchase
a plan selected by the institution and must include consideration for the
fiscal impact of health plans on the student or the student's family. At a minimum, the waiver option must allow
students to purchase health care plans from employer group coverage, private
insurers, association group coverage, health sharing organizations, and
MinnesotaCare.
Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section, the following terms have the meanings given them.
(a) "Administrator" means the administrator of the institution or other person with general control and supervision of the institution.
(b) "Public or private postsecondary educational institution" or "institution" means any of the following institutions having an enrollment of more than 100 persons during any quarter, term, or semester during the preceding year: (1) the University of Minnesota; (2) the state universities; (3) the state community colleges; (4) public technical colleges; (5) private four-year, professional and graduate institutions; (6) private two-year colleges; and (7) schools subject to either chapter 141, sections 136A.61 to 136A.71, or schools exempt under section 136A.657, and which offer educational programs within the state for an academic year greater than six consecutive months. An institution's report to the Minnesota Office of Higher Education or the Minnesota Department of Education may be considered when determining enrollment.
(c) "Student" means a person
born after 1956 who did not graduate from a Minnesota high school in 1997 or
later, and who is (1) registering for more than one class during a full
academic term, such as a quarter or a semester or (2) housed on campus and is
registering for one or more classes. Student
does not include persons who are only enrolled in extension classes only
or, correspondence classes only, online classes, or evening
or weekend adult accelerated programs.
Sec. 3. Minnesota Statutes 2010, section 135A.25, subdivision 5, is amended to read:
Subd. 5. Bookstores;
course materials. The University of
Minnesota and private colleges are encouraged to comply with the requirements for
instructors and bookstores under section 136F.58, subdivision subdivisions
2, 2a, and 3.
Sec. 4. Minnesota Statutes 2010, section 136A.031, subdivision 3, is amended to read:
Subd. 3. Student Advisory Council. (a) A Student Advisory Council (SAC) to the Minnesota Office of Higher Education is established. The members of SAC shall include, but not be limited to: the chair of the University of Minnesota student senate; the state chair of the Minnesota State University Student Association; the president of the Minnesota State College Student Association and an officer of the Minnesota State College Student Association, one
in a community college course of study and
one in a technical college course of study; the president of the Minnesota
Association of Private College Students; and a student who is enrolled
in a private vocational school, to be appointed by the Minnesota Career College
Association; and the chair of the Minnesota Student Legislative Coalition. A member may be represented by a student
designee who attends an institution from the same system that the absent member
represents. The SAC shall select one of
its members to serve as chair.
(b) The Minnesota Office of Higher Education shall inform the SAC of all matters related to student issues under consideration. The SAC shall report to the Minnesota Office of Higher Education quarterly and at other times that the SAC considers desirable. The SAC shall determine its meeting times, but it shall also meet with the office within 30 days after the director's request for a meeting.
(c) The SAC shall:
(1) bring to the attention of the Minnesota Office of Higher Education any matter that the SAC believes needs the attention of the office;
(2) make recommendations to the Minnesota Office of Higher Education as it finds appropriate; and
(3) approve student appointments by the Minnesota Office of Higher Education for each advisory group as provided in subdivision 4.
Sec. 5. Minnesota Statutes 2010, section 136F.58, is amended by adding a subdivision to read:
Subd. 2a. Course
schedule and material list. (a)
Each state college and university shall compile a course schedule indicating
each course offered by the state college or university for each term and shall
include with the course schedule a list of the required and recommended course
materials that specifies, to the extent practicable, the information required
in subdivision 3, paragraph (c).
(b) At the time required by subdivision
3, paragraph (c), a state college or university shall publish course schedules
and course material lists on the state college's or university's Web site.
Sec. 6. Minnesota Statutes 2010, section 136F.58, subdivision 3, is amended to read:
Subd. 3. Notice
to purchase. (a) An instructor or
department shall make reasonable efforts to notify a bookstore of
the final order for required and recommended course material at least 30
45 days prior to the commencement of the term.
(b) An instructor or department
requiring a new printed textbook edition must notify the bookstore and
students, as required in paragraph (a), if a previous edition of the textbook
is acceptable as a substitute textbook for the course. The course syllabus must include details
provided by the publisher of changes between editions of the textbook.
(b) (c) The bookstore must
make reasonable efforts to notify students of the following information
concerning the required and recommended course material at least 15 30
days prior to the commencement of the term for which the course material is
required including, but not limited to:
(1) the title, edition, author, and International Standard Book Number (ISBN) of the course material;
(2) the retail price charged in the college or university bookstore for the course material, including custom textbooks;
(3) whether the required course material
is bundled with optional material, whether it can be unbundled, and the price
for each bundled and unbundled component the name of the publisher of
the course material, except an international textbook purchased directly from a
distributor where no publisher information is readily available; and
(4) whether the material is available in an
alternative format and the cost for the alternatively formatted material.;
and
(5) the most recent copyright date of
the printed course material and the copyright date of the most recent prior
edition of the course material, if any.
(d) For purposes of this subdivision,
"custom textbooks" means course materials that are compiled by a publisher
at the direction of a faculty member or, if applicable, the other adopting
entity in charge of selecting course materials for courses taught at a state
college or university. Custom textbooks
may include items such as selections from original instructor materials,
previously copyrighted publisher materials, copyrighted third-party works, or
elements unique to a specific state college or university.
Sec. 7. Minnesota Statutes 2010, section 136F.71, subdivision 3, is amended to read:
Subd. 3. Interest
income. Beginning July 1, 1997,
Interest income attributable to general fund dedicated receipts of the board is
appropriated to the board. The board
shall allocate the income proportionately among the colleges and universities. The board shall report this income separately
in its biennial budget requests.
EFFECTIVE
DATE. This section is
effective July 1, 2012.
Sec. 8. Minnesota Statutes 2010, section 136F.98, subdivision 1, is amended to read:
Subdivision 1. Issuance
of bonds. The Board of Trustees of
the Minnesota State Colleges and Universities or a successor may issue revenue
bonds under sections 136F.90 to 136F.97 whose aggregate principal amount at any
time may not exceed $300,000,000 $405,000,000, and payable from
the revenue appropriated to the fund established by section 136F.94, and use
the proceeds together with other public or private money that may otherwise
become available to acquire land, and to acquire, construct, complete, remodel,
and equip structures or portions thereof to be used for dormitory, residence
hall, student union, food service, parking purposes, or for any other similar
revenue-producing building or buildings of such type and character as the board
finds desirable for the good and benefit of the state colleges and universities. Before issuing the bonds or any part of them,
the board shall consult with and obtain the advisory recommendations of the
chairs of the house of representatives Ways and Means Committee and the senate
Finance Committee about the facilities to be financed by the bonds.
Sec. 9. Minnesota Statutes 2010, section 136G.03, subdivision 7, is amended to read:
Subd. 7. Contingent
account owner. "Contingent
account owner" means the individual person designated as the
account owner, either in the participation agreement or pursuant to a separate
Minnesota college savings plan form, in the event of the death of the account
owner.
Sec. 10. Minnesota Statutes 2010, section 137.022, subdivision 4, is amended to read:
Subd. 4. Mineral research; scholarships. (a) All income credited after July 1, 1992, to the permanent university fund from royalties for mining under state mineral leases from and after July 1, 1991, must be allocated as provided in this subdivision.
(b)(1) Fifty Beginning January 1,
2013, 50 percent of the income must be allocated according to this
paragraph. One-half of the income under
this paragraph, up to $50,000,000, must be credited to the mineral research
account of the fund to be allocated for the Natural Resources Research
Institute-Duluth and Coleraine facilities, for mineral and
mineral-related research including
mineral-related environmental research; and. The other one-half of the income under this
paragraph, up to $25,000,000, is credited to an endowment for the costs of
operating a mining, metallurgical, or related engineering degree program
offered through the University of Minnesota at Mesabi Range Community and
Technical College and for scholarships for students to attend the mining,
metallurgical, or related engineering program.
(2) The remainder of the income under paragraph (a) and the amount of any income over the $25,000,000 for the engineering program under clause (1) must be credited to the endowed scholarship account of the fund for distribution annually for scholastic achievement as provided by the Board of Regents to undergraduates enrolled at the University of Minnesota who are resident students as defined in section 136A.101, subdivision 8.
(c) The annual distribution from the endowed scholarship account must be allocated to the various campuses of the University of Minnesota in proportion to the number of undergraduate resident students enrolled on each campus.
(d) The Board of Regents must report to the education committees of the legislature biennially at the time of the submission of its budget request on the disbursement of money from the endowed scholarship account and to the environment and natural resources committees on the use of the mineral research account.
(e) Capital gains and losses and portfolio income of the permanent university fund must be credited to its three accounts in proportion to the market value of each account.
(f) The endowment support from the income and capital gains of the endowed mineral research and endowed scholarship accounts of the fund must not total more than six percent per year of the 36-month trailing average market value of the account from which the support is derived.
Sec. 11. Minnesota Statutes 2010, section 141.35, is amended to read:
141.35
EXEMPTIONS.
Sections 141.21 to 141.32 shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
(3) schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship program taught by or required by a trade union;
(6) schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;
(7) schools licensed by boards authorized under Minnesota law to issue licenses except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(8) schools and educational programs, or training programs, contracted for by persons, firms, corporations, government agencies, or associations, for the training of their own employees, for which no fee is charged the employee;
(9) schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names unless the school used "academy" or "institute" in its name prior to August 1, 2008;
(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;
(11) programs in the fine arts provided by organizations exempt from taxation under section 290.05 and registered with the attorney general under chapter 309. For the purposes of this clause, "fine arts" means activities resulting in artistic creation or artistic performance of works of the imagination which are engaged in for the primary purpose of creative expression rather than commercial sale or employment. In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;
(12) classes, courses, or programs intended to fulfill the continuing education requirements for licensure or certification in a profession, that have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and that are offered exclusively to an individual practicing the profession;
(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction that are not part of the curriculum for an occupation or entry level employment except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;
(16) training or instructional programs, in which one instructor teaches an individual student, that are not part of the curriculum for an occupation or are not intended to prepare a person for entry level employment; and
(17) schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions.
EFFECTIVE
DATE. This section is effective
retroactively from August 1, 2008.
Sec. 12. Minnesota Statutes 2010, section 299A.45, subdivision 1, is amended to read:
Subdivision 1. Eligibility. A person is eligible to receive educational benefits under this section if the person:
(1) is certified under section 299A.44 and in compliance with this section and rules of the commissioner of public safety and the Minnesota Office of Higher Education;
(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990, or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;
(3) has not received a baccalaureate
degree or been enrolled full time for nine semesters or the equivalent, except
that a student who withdraws from enrollment for active military service is
entitled to an additional semester or the equivalent of eligibility benefits
for the maximum duration specified in subdivision 4; and
(4) is
related in one of the following ways to a public safety officer killed in the
line of duty on or after January 1, 1973:
(i) as a dependent child less than 23 years of age;
(ii) as a surviving spouse; or
(iii) as a dependent child less than 30 years of age who has served on active military duty 181 consecutive days or more and has been honorably discharged or released to the dependent child's reserve or National Guard unit.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2011.
Sec. 13. Minnesota Statutes 2010, section 299A.45, subdivision 2, is amended to read:
Subd. 2. Award amount. (a) The amount of the award is the lesser of:
(1) the average tuition and fees charged by the institution; or
(2) the tuition maximums established by law
for the state grant program under section 136A.121. The tuition maximum for graduate study is
the maximum established by law for the state grant program for four-year
programs.
(b) An award under this subdivision must not affect a recipient's eligibility for a state grant under section 136A.121.
(c) For the purposes of this subdivision, "fees" include only those fees that are mandatory and charged to all students attending the institution.
(d) For the purpose of benefits awarded
under this section, "full time" for a graduate program is eight or
more credits per term or the equivalent.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2011.
Sec. 14. Minnesota Statutes 2010, section 340A.404, subdivision 4a, is amended to read:
Subd. 4a. Publicly owned recreation; entertainment facilities. (a) Notwithstanding any other law, local ordinance, or charter provision, the commissioner may issue on-sale intoxicating liquor licenses:
(1) to the state agency administratively responsible for, or to an entity holding a concession or facility management contract with such agency for beverage sales at, the premises of any Giants Ridge Recreation Area building or recreational improvement area owned by the state in the city of Biwabik, St. Louis County;
(2) to the state agency administratively responsible for, or to an entity holding a concession or facility management contract with such agency for beverage sales at, the premises of any Ironworld Discovery Center building or facility owned by the state at Chisholm;
(3) to the Board of Regents of the University
of Minnesota for events at Northrop Auditorium, the intercollegiate football
stadium, or including any games played by the Minnesota Vikings at
the stadium, and at no more than seven other locations within the
boundaries of the University of Minnesota, provided that the Board of Regents
has
approved an application for a license for the
specified location and provided that a license for an arena or an
intercollegiate football stadium location is void unless it requires
the sale or service of intoxicating liquor in a public portion consisting of at
least one-third of the general seating of a stadium or arena meets the
conditions of paragraph (b). It is
solely within the discretion of the Board of Regents to choose the manner in
which to carry out this condition these conditions consistent with
the requirements of paragraph (b); and
(4) to the Duluth Entertainment and Convention Center Authority for beverage sales on the premises of the Duluth Entertainment and Convention Center Arena during intercollegiate hockey games.
The commissioner shall charge a fee for licenses issued under this subdivision in an amount comparable to the fee for comparable licenses issued in surrounding cities.
(b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the Board of Regents holds an on-sale intoxicating liquor license for the stadium as provided in paragraph (a), clause (3), that provides for the sale of intoxicating liquor at a location in the stadium that is convenient to the general public attending an intercollegiate football game at the stadium. On-sale liquor sales to the general public must be available at that location through half-time of an intercollegiate football game at TCF Bank Stadium.
Sec. 15. EXPIRATION.
The changes in section 14 to Minnesota
Statutes, section 340A.404, subdivision 4a, expire July 1, 2014.
Sec. 16. UNIVERSITY
OF MINNESOTA APPROPRIATION TRANSFER TO HENNEPIN COUNTY MEDICAL CENTER.
The regents of the University of
Minnesota must transfer $645,000 in fiscal year 2012 and $645,000 in fiscal
year 2013 from the appropriations made to it for operations and maintenance in
Laws 2011, First Special Session chapter 5, article 1, section 5, to the
Hennepin County Medical Center for graduate family medicine education programs
at Hennepin County Medical Center.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. MINNESOTA
STATE COLLEGES AND UNIVERSITIES TEXTBOOK WORK GROUP.
The Board of Trustees of the Minnesota
State Colleges and Universities shall establish a work group to study methods
that result in lower textbook costs for students. Methods include studying alternative textbook
delivery methods, including a cross-campus shared delivery system for
textbooks, the expansion of electronic textbooks with an assessment of
effective methods for delivering e-books to students, and other
technology-based innovative or best practices methods to bring real cost
savings to students. The goal of this
work group is to help assess current practices, present a stable of business
strategies, technologies, and campus deployment plans that are effective in
driving down the cost of learning resources for students while offering greater
access to no- or low-cost academic content for faculty.
Sec. 18. TEACHER
PERFORMANCE ASSESSMENT STUDENT FEE.
Notwithstanding any law or rule to the
contrary, a student in a teacher preparation program at a Minnesota state
university must not be charged a fee by the Minnesota Board of Teaching, the
Minnesota State Colleges and Universities, or a state university for taking or
scoring an assessment test intended to evaluate teacher preparation programs. A Minnesota State College and University
student must not be charged a fee for the teacher performance assessment or
another assessment test given to students to fulfill the requirement to assure
the effectiveness of teacher preparation programs under Minnesota Statutes,
section 122A.09, subdivision 4, paragraph (d).
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Delete the title
and insert:
"A bill for an act relating to higher education; increasing revenue bond debt ceiling for Board of Trustees of the Minnesota State Colleges and Universities; providing an exemption from state regulation of certain schools; requiring disclosure of certain course material and course information; establishing a MnSCU textbook task force; requiring an expanded waiver for mandatory health care coverage; authorizing a safety officer survivor education benefit for graduate study; modifying definition of contingent account owner for purposes of the college savings plan; directing a portion of the permanent university fund for a mining engineering program; modifying membership of the Student Advisory Council; modifying definition of student for purposes of the statement of immunization; modifying liquor license requirements for intercollegiate stadium operated by the University of Minnesota; providing funding for Hennepin County Medical Center graduate family medicine education programs; prohibiting fees related to the teacher performance assessment test; amending Minnesota Statutes 2010, sections 135A.14, subdivision 1; 135A.25, subdivision 5; 136A.031, subdivision 3; 136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3; 136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35; 299A.45, subdivisions 1, 2; 340A.404, subdivision 4a; proposing coding for new law in Minnesota Statutes, chapter 135A."
The motion
prevailed and the amendment was adopted.
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 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 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
The
bill was passed, as amended, and its title agreed to.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2334:
Peppin, Beard and Nelson.
Lesch was excused for the remainder of
today's session.
FISCAL CALENDAR
Pursuant to rule 1.22, Holberg requested
immediate consideration of H. F. No. 2786.
H. F. No. 2786, A bill for an act relating to local government aid; exempting certain cities from 2011 aid penalties.
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 84 yeas and 44 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Beard
Benson, M.
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Dittrich
Eken
Erickson
Fabian
Falk
Franson
Fritz
Gauthier
Gottwalt
Gruenhagen
Gunther
Hamilton
Hancock
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Howes
Johnson
Kahn
Kiel
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lillie
Loeffler
Mack
Marquart
McDonald
McElfatrick
McFarlane
McNamara
Melin
Murdock
Murphy, M.
Murray
Nornes
Pelowski
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Shimanski
Simon
Slawik
Swedzinski
Thissen
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Barrett
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Doepke
Downey
Drazkowski
Garofalo
Greiling
Hackbarth
Hansen
Hausman
Holberg
Hosch
Huntley
Kath
Kieffer
Kiffmeyer
Lenczewski
Liebling
Lohmer
Loon
Mahoney
Mariani
Mazorol
Moran
Mullery
Murphy, E.
Myhra
Nelson
Norton
O'Driscoll
Paymar
Peppin
Scalze
Scott
Slocum
Smith
Stensrud
Tillberry
The
bill was passed and its title agreed to.
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
19, 2012:
H. F. Nos. 1607, 2447, 1872
and 2491; S. F. No. 1656; H. F. Nos. 2084, 2232,
1492 and 2150; S. F. No. 2535;
H. F. No. 2690; and
S. F. Nos. 2316, 2354 and 1754.
CALENDAR FOR
THE DAY
S. F. No. 2464, A bill for an act relating
to public safety; requiring a modification to the sex offender sentencing grid.
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 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 1607, A bill for an act relating to the State Capitol; authorizing the State Patrol to provide security and protection to certain government officials; establishing a committee on capitol complex security; amending Minnesota Statutes 2010, section 299D.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299E.
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 10 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Eken
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
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
Paymar
Pelowski
Persell
Petersen, B.
Peterson, S.
Poppe
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anderson, B.
Buesgens
Drazkowski
Erickson
Hackbarth
Hilty
Peppin
Quam
Rukavina
The
bill was passed and its title agreed to.
H. F. No. 2447, A bill for an act relating to marriage; authorizing a judge from the Office of Administrative Hearings to perform marriages; amending Minnesota Statutes 2010, section 517.04.
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 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
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.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Murphy, M.
The
bill was passed and its title agreed to.
H. F. No. 2232, A bill for an act relating to human services; requiring data sharing with the Department of Human Services; requiring investigation of public assistance fraud; requiring eligibility determinations; amending Minnesota Statutes 2010, section 256.01, by adding subdivisions.
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 89 yeas and 40 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.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Hosch
Howes
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Liebling
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Gauthier
Greene
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Johnson
Kahn
Laine
Lillie
Loeffler
Mariani
Melin
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Persell
Rukavina
Slawik
Slocum
Thissen
Tillberry
Wagenius
Winkler
The
bill was passed and its title agreed to.
Franson and Knuth were excused for the
remainder of today's session.
S. F. No. 946 was reported
to the House.
Erickson and Garofalo moved to amend S. F. No. 946, the third unofficial engrossment, as follows:
Page 2, delete lines 9 to 11
Reletter in sequence and correct internal references
The
motion prevailed and the amendment was adopted.
Speaker pro tempore Davids called Lanning
to the Chair.
S. F. No. 946, A bill for an act relating to education; establishing a pilot project to examine how school districts might operate jointly to provide innovative delivery of programs and activities and share resources.
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 113 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Clark
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Mullery
Murdock
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
Smith
Stensrud
Swedzinski
Thissen
Torkelson
Urdahl
Vogel
Wagenius
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Carlson
Champion
Davnie
Hausman
Hilty
Hornstein
Huntley
Kahn
Moran
Murphy, E.
Murphy, M.
Paymar
Slocum
Tillberry
Ward
The
bill was passed, as amended, and its title agreed to.
S. F. No. 2316, A bill for an act relating to veterans; veterans preference; modifying appointment procedure for removal hearing board; amending Minnesota Statutes 2010, section 197.46.
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 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Laine
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
S. F. No. 2354, A bill for an act relating to state government; veterans; providing noncompetitive appointment of certain disabled veterans; proposing coding for new law in Minnesota Statutes, chapter 43A.
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 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Laine
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
S. F. No. 2112, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.
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 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Kriesel
Laine
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
Paymar
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
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
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, Holberg announced
her intention to place S. F. No. 506;
H. F. Nos. 2729, 1721 and 1284; S. F. No. 1921;
H. F. Nos. 2136, 2269, 2458 and 2555 on the Fiscal Calendar for
Friday, April 20, 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 the passage by the Senate of the following House File, herewith returned:
H. F. No. 469, A bill for an act relating to public safety; providing for jurisdiction for petitions for harassment restraining orders; amending Minnesota Statutes 2010, section 609.748, subdivisions 2, 3a.
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. 2149, A bill for an act relating to public safety; expanding the definition of qualified domestic violence-related offense; amending Minnesota Statutes 2010, section 609.02, subdivision 16.
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. 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.
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. 2335, A bill for an act relating to debt collectors; amending procedures for licensure of debt collection agencies and registration of individual debt collectors; amending Minnesota Statutes 2010, sections 332.33, subdivisions 7, 8; 332.35.
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. 2614, A bill for an act relating to state government; changing the mandatory retirement age for administrative law judges and compensation judges; amending Minnesota Statutes 2010, section 14.48, subdivision 4.
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. 2861, A bill for an act relating to local government; authorizing municipalities to make grants to emergency medical services agencies; amending Minnesota Statutes 2010, section 465.037.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 230, 2326 and
1922.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 230, A bill for an act relating to health occupations; providing for a Nurse Licensure Compact; providing for appointments; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 148.
The bill was read for the first time.
Norton moved that S. F. No. 230 and H. F. No. 462, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2326, A bill for an act relating to barbers; changing licenses and fees; creating penalties; appropriating money; amending Minnesota Statutes 2010, sections 154.001, by adding a subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2; 154.07, subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision 1; 154.12; 154.14; 154.15, subdivision 2; 154.26; Laws 2011, First Special Session chapter 4, article 1, section 11; proposing coding for new law in Minnesota Statutes, chapter 154.
The bill was read for the first time and referred to the Committee on Civil Law.
S. F. No. 1922, A bill for an act relating to state government; regulating agency rulemaking; modifying notice to the legislature and requirements for statements of need and reasonableness; requiring certain reports; amending Minnesota Statutes 2010, sections 14.116; 14.131.
The bill was read for the first time.
Beard moved that S. F. No. 1922 and H. F. No. 2169, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
MOTIONS AND
RESOLUTIONS
Persell moved that his name be stricken as
an author on H. F. No. 203.
The motion prevailed.
Abeler moved that the name of Slawik be
added as an author on H. F. No. 1967. The motion prevailed.
Beard moved that the name of Winkler be
added as an author on H. F. No. 2169. The motion prevailed.
Loon moved that the name of Kiffmeyer be
added as an author on H. F. No. 2506. The motion prevailed.
Sanders moved that the name of Kiffmeyer
be added as an author on H. F. No. 2732. The motion prevailed.
Speaker pro tempore Lanning called Davids
to the Chair.
Thissen moved that
H. F. No. 2810 be recalled from the Committee on Government
Operations and Elections and be re-referred to the Committee on Taxes.
A roll call was requested and properly
seconded.
LAY ON THE
TABLE
Dean
moved that the Thissen motion be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Dean motion
and the roll was called. There were 68
yeas and 59 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
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
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Greiling
Hansen
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Laine
Lenczewski
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 10:00 a.m., Friday, April 20, 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., Friday, April 20,
2012.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives