STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FOURTH
DAY
Saint Paul, Minnesota, Thursday, January 17, 2013
The House of Representatives convened at
3:00 p.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by Representative Tim
Faust, District 11B, Hinckley, 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
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, S.
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Erickson, R.; Hamilton; Hilstrom and Kahn
were excused.
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.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
January 8, 2013
The
Honorable Paul Thissen
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Thissen:
I respectfully request the opportunity to
address a joint meeting of the Session of the 88th Minnesota State Legislature
on Wednesday, February 6, 2013, at 7:00 p.m. for the purpose of presenting my
State of the State message.
Thank you.
Sincerely,
Mark
Dayton
Governor
Murphy, E., moved that an invitation be extended to the Governor to address a Joint Convention of the House of Representatives and the Senate to be held in the House Chamber at 7:00 p.m., Wednesday, February 6, 2013; that the Chief Clerk be instructed to invite the Senate by message to meet in Joint Convention to convene at 6:45 p.m.; that the Governor be advised accordingly; and that the Speaker appoint a committee of five members of the House of Representatives to act with a similar committee to be appointed by the Senate to escort the Governor to the Joint Convention. The motion prevailed.
IN MEMORIAM
The members of the House of Representatives paused for a moment of silence in memory of former Representative Kenneth James "K. J." McDonald, of Watertown, Minnesota, who served from 1977 to 1990, who passed away on Thursday, October 4, 2012.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Dill from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 66, A bill for an act relating to waters; modifying drainage system provisions; amending Minnesota Statutes 2012, sections 103E.005, subdivisions 4, 6, by adding a subdivision; 103E.101, subdivisions 2, 3, 4, 5, by adding subdivisions; 103E.227, subdivision 1; 103E.525, subdivision 1; 103E.701, subdivisions 1, 6; 103E.715, subdivision 6.
Reported the same back with the following amendments:
Page 1, line 10, delete "or" and after "district" insert ", or a metropolitan watershed management organization"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Government Operations.
The
report was adopted.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Hilstrom, Paymar, Cornish, Rosenthal and Kelly introduced:
H. F. No. 90, A bill for an act relating to crime; allowing
offenses for financial exploitation of a vulnerable adult to be aggregated over
a six-month period; expanding venue options for financial exploitation of a vulnerable
adult; amending Minnesota Statutes 2012, section 609.2335, by adding
subdivisions.
The bill was read for the first time and referred to the
Committee on Public Safety Finance and Policy.
Lenczewski introduced:
H. F. No. 91, A bill for an act relating to taxation;
tobacco; increasing the excise tax; repealing the health impact fee;
appropriating money; amending Minnesota Statutes 2012, sections 270C.56,
subdivision 1; 297F.01, subdivisions 3, 19, by adding a subdivision; 297F.05,
subdivisions 1, 3, 4, by adding a subdivision; 297F.24, subdivision 1; 297F.25,
subdivision 1; 325D.32, subdivision 2; repealing Minnesota Statutes 2012,
sections 16A.725; 256.9658.
The bill was read for the first time and referred to the
Committee on Taxes.
Nelson, Winkler, Metsa, Radinovich, Mahoney, Wagenius,
Loeffler, Davnie, Fritz and Hilstrom introduced:
H. F. No. 92, A bill for an act relating to employment;
regulating the minimum wage; amending Minnesota Statutes 2012, section 177.24,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Labor, Workplace and Regulated Industries.
Simon
introduced:
H. F. No. 93, A bill for an act proposing an amendment to
the Minnesota Constitution, article IX, section 1; requiring a two-thirds vote
of each house of the legislature to submit a constitutional amendment to the
people.
The bill was read for the first time and referred to the
Committee on Government Operations.
Anderson, S.; Holberg; Woodard; Wills and Uglem introduced:
H. F. No. 94, A bill for an act relating to the state
budget; restricting the use of any fiscal year 2013 general fund surplus.
The bill was read for the first time and referred to the
Committee on State Government Finance and Veterans Affairs.
Lillie; Murphy, E.; Winkler; Hilstrom; Murphy, M.; Nelson
and Johnson, S., introduced:
H. F. No. 95, A bill for an act relating to state
government; ratifying labor agreements and compensation plans.
The bill was read for the first time and referred to the
Committee on Labor, Workplace and Regulated Industries.
Lillie introduced:
H. F. No. 96, A bill for an act relating to employment;
regulating employee invention agreements for veterans; amending Minnesota
Statutes 2012, section 181.78, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Labor, Workplace and Regulated Industries.
Beard introduced:
H. F. No. 97, A bill for an act relating to trade practices;
amending termination of sales representatives; amending Minnesota Statutes
2012, section 325E.37, subdivision 6.
The bill was read for the first time and referred to the
Committee on Commerce and Consumer Protection Finance and Policy.
Sundin introduced:
H. F. No. 98, A bill for an act relating to capital
investment; appropriating money for public infrastructure for the Big Lake Area
Sanitary District; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on State Government Finance and Veterans Affairs.
Ward, J.E., introduced:
H. F. No. 99, A bill for an act relating to transportation;
designating the Tim Nielsen Memorial Bridge; amending Minnesota Statutes 2012,
section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Ward, J.E., introduced:
H. F. No. 100, A bill for an act relating to families;
modifying distribution of child support federal tax offset; amending Minnesota
Statutes 2012, section 256.741, subdivision 2a.
The bill was read for the first time and referred to the
Committee on Civil Law.
Ward, J.E., introduced:
H. F. No. 101, A bill for an act relating to children;
imposing a child support obligation on individuals whose parental rights have
been terminated; amending Minnesota Statutes 2012, sections 260C.317,
subdivision 1; 518A.26, subdivision 20.
The bill was read for the first time and referred to the
Committee on Civil Law.
Moran; Johnson, S.; Hausman and Mariani introduced:
H. F. No. 102, A bill for an act relating to taxation;
property; limiting valuation increases for certain properties along the central
corridor light rail line; amending Minnesota Statutes 2012, section 273.11,
subdivision 1a.
The bill was read for the first time and referred to the
Committee on Taxes.
Beard introduced:
H. F. No. 103, A bill for an act relating to environment;
requiring Pollution Control Agency to refund erroneous assessments, costs, and
payments in the matter of the Baytown groundwater contamination Superfund site.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Hansen introduced:
H. F. No. 104, A bill for an act relating to taxation;
authorizing the Dakota County Community Development Agency to create a tax
increment financing district subject to special rules.
The bill was read for the first time and referred to the
Committee on Taxes.
Ward, J.A.; Bernardy; Lillie;
Mahoney; Urdahl; Marquart; Sawatzky and Falk introduced:
H. F. No. 105, A bill for an act relating to education
finance; authorizing funding for voluntary, full-day kindergarten; amending
Minnesota Statutes 2012, sections 123B.41, subdivision 7; 126C.05, subdivisions
1, 15; 126C.12, subdivision 5.
The bill was read for the first time and referred to the
Committee on Education Finance.
Falk introduced:
H. F. No. 106, A bill for an act relating to education
finance; restoring the school district current year aid payment shift
percentage to 90; amending Minnesota Statutes 2012, section 127A.45,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Education Finance.
Moran, Abeler and Fritz introduced:
H. F. No. 107, A bill for an act relating to human services;
modifying child care assistance absent days; amending Minnesota Statutes 2012,
section 119B.13, subdivision 7.
The bill was read for the first time and referred to the
Committee on Early Childhood and Youth Development Policy.
Brynaert, Cornish, Gunther, Norton and Dorholt introduced:
H. F. No. 108, A bill for an act relating to capital
investment; appropriating money for the Mankato arena improvements and events
center expansion; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Ward, J.E., introduced:
H. F. No. 109, A bill for an act relating to capital
investment; appropriating money for a new veterans nursing home in Brainerd;
authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on State Government Finance and Veterans Affairs.
Ward, J.E., introduced:
H. F. No. 110, A bill for an act relating to capital
investment; appropriating money for a grant to the city of Brainerd for
accessibility improvements to the city civic center; authorizing the sale and
issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Ward, J.E., introduced:
H. F. No. 111, A bill for an act relating to education;
modifying enrollment priorities under the Postsecondary Enrollment Options Act;
amending Minnesota Statutes 2012, section 124D.09, subdivision 9.
The bill was read for the first time and referred to the
Committee on Education Policy.
Hansen; Murphy, M.; Lillie; Urdahl and Simonson introduced:
H. F. No. 112, A bill for an act relating to capital
investment; appropriating money for Mighty Ducks grants for new or renovated
air handling systems of indoor ice facilities; authorizing the sale and
issuance of state bonds; amending Minnesota Statutes 2012, section 240A.09.
The bill was read for the first time and referred to the
Committee on State Government Finance and Veterans Affairs.
McNamar; Anderson, P., and Marquart introduced:
H. F. No. 113, A bill for an act relating to education
finance; facilitating the consolidation of the Cyrus and Morris school
districts; authorizing the sale of bonds.
The bill was read for the first time and referred to the
Committee on Education Finance.
Lillie and Ward, J.A., introduced:
H. F. No. 114, A bill for an act relating to the city of
Oakdale; providing special rules for certain tax increment financing districts;
amending Laws 2008, chapter 366, article 5, section 34, as amended; Laws 2010,
chapter 216, section 55.
The bill was read for the first time and referred to the
Committee on Taxes.
Johnson, S.; Mariani and Mahoney introduced:
H. F. No. 115, A bill for an act relating to capital
investment; appropriating money for the Metropolitan State University science
education center; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Higher Education Finance and Policy.
Johnson, S.; Hansen and Mahoney introduced:
H. F. No. 116, A bill for an act relating to capital
investment; appropriating money for Pig's Eye Regional Park in St. Paul;
authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Environment, Natural Resources and Agriculture Finance.
Gunther, Cornish and Brynaert
introduced:
H. F. No. 117, A bill for an act relating to capital
investment; appropriating money for a grant to the city of Truman for a storm
water project; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on State Government Finance and Veterans Affairs.
McNamar; Anderson, P.; Fischer; Murphy, M.; Sawatzky; Bernardy;
Huntley; Erickson, R.; Isaacson; Lien; Dehn, R.; Schoen; Falk; Wagenius; Masin;
Newton; Yarusso; Hausman; Lillie; Simonson and Nornes introduced:
H. F. No. 118, A bill for an act relating to taxation; sales
and use; expanding the exemption for public safety radio communication systems;
amending Minnesota Statutes 2012, section 297A.70, subdivision 8.
The bill was read for the first time and referred to the
Committee on Taxes.
Gruenhagen introduced:
H. F. No. 119, A bill for an act relating to human services;
providing a property rate increase for certain nursing facilities; amending
Minnesota Statutes 2012, section 256B.431, subdivision 44.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Winkler; Isaacson; Metsa; Erickson, R.; Freiberg; Johnson,
S.; Dehn, R.; Yarusso; Persell; Dorholt; Simonson; Sawatzky; Newton; Ward,
J.E.; Anzelc; Fischer; Allen and Loeffler introduced:
H. F. No. 120, A bill for an act relating to employment;
prohibiting discrimination against unemployed individuals; providing for civil
penalties; proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the
Committee on Labor, Workplace and Regulated Industries.
Winkler; Isaacson; Metsa; Erickson, R.; Dorholt; Persell;
Simonson; Sawatzky; Ward, J.E.; Anzelc and Allen introduced:
H. F. No. 121, A bill for an act relating to campaign
finance; adding requirements to lobbyists or principals related to model legislation;
adding requirements to principals and public officials related to scholarship
funds; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 21, 33,
by adding subdivisions; 10A.04, subdivision 6; 10A.09, subdivision 5.
The bill was read for the first time and referred to the
Committee on Elections.
Norton, Sanders and Simon introduced:
H. F. No. 122, A bill for an act relating to elections;
modifying vacancy in nominations provisions; amending Minnesota Statutes 2012,
section 204B.13, subdivision 1, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Elections.
Quam; Kresha; Woodard; Beard;
Benson, M.; Runbeck; Erhardt and Fabian introduced:
H. F. No. 123, A bill for an act relating to transportation;
highways; requiring periodic review of property owned or controlled by the
department for the purpose of determining surplus; requiring a report; amending
Minnesota Statutes 2012, section 161.41, subdivision 1, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Mahoney; Johnson, S.; Slocum; Clark; Erhardt; Kahn; Schoen;
Davnie and Bly introduced:
H. F. No. 124, A bill for an act relating to economic
development; modifying the Minnesota Trade Office; appropriating money.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Radinovich; Simon; Moran; Johnson, S.; Clark; Slocum;
Fischer; Erhardt; Kahn; Schoen; Davnie and Bly introduced:
H. F. No. 125, A bill for an act relating to economic
development; appropriating money for the Minnesota investment fund.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Faust; Moran; Simon; Lillie; Johnson, S.; Slocum; Clark;
Paymar; Erhardt; Kahn; Schoen and Bly introduced:
H. F. No. 126, A bill for an act relating to taxation;
property; modifying property tax refunds; decreasing the threshold percentage
for the homestead credit refund for homeowners; increasing the percentage of
rent constituting property taxes; amending Minnesota Statutes 2012, sections
290A.03, subdivisions 11, 13; 290A.04, subdivisions 2, 4; proposing coding for
new law in Minnesota Statutes, chapter 290A.
The bill was read for the first time and referred to the
Committee on Taxes.
Halverson; Atkins; Simon; Lillie; Carlson; Moran; Johnson,
S.; Slocum; Clark; Paymar; Falk; Erhardt; Persell; Kahn; Schoen; Davnie and Bly
introduced:
H. F. No. 127, A bill for an act relating to education
finance; restoring the school district current year aid payment shift
percentage to 90; amending Minnesota Statutes 2012, section 127A.45,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Education Finance.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to the committee to escort the Governor to
the Joint Convention on Wednesday, February 6, 2013:
Sawatzky; Erickson, R.; Halverson; Nornes
and Howe.
MOTIONS AND RESOLUTIONS
Atkins moved that the names of Lien,
Slocum and Loeffler be added as authors on H. F. No. 5. The motion prevailed.
Lenczewski moved that the name of Loeffler
be added as an author on H. F. No. 6. The motion prevailed.
Mullery moved that the name of Nelson be
added as an author on H. F. No. 8. The motion prevailed.
Huntley moved that the name of Loeffler be
added as an author on H. F. No. 9. The motion prevailed.
Norton moved that the name of Slocum be
added as an author on H. F. No. 13. The motion prevailed.
Mullery moved that the names of Loeffler
and Nelson be added as authors on H. F. No. 15. The motion prevailed.
Mullery moved that the name of Nelson be
added as an author on H. F. No. 16. The motion prevailed.
Mullery moved that the name of Nelson be
added as an author on H. F. No. 17. The motion prevailed.
Freiberg moved that the name of Nelson be
added as an author on H. F. No. 20. The motion prevailed.
Mullery moved that the name of Nelson be
added as an author on H. F. No. 24. The motion prevailed.
Mullery moved that the name of Slocum be
added as an author on H. F. No. 27. The motion prevailed.
Newton moved that the name of Yarusso be
added as an author on H. F. No. 31. The motion prevailed.
Mullery moved that the name of Slocum be
added as an author on H. F. No. 35. The motion prevailed.
Hilstrom moved that the name of Loeffler
be added as an author on H. F. No. 40. The motion prevailed.
Mullery moved that the name of Slocum be
added as an author on H. F. No. 47. The motion prevailed.
Mullery moved that the name of Slocum be
added as an author on H. F. No. 51. The motion prevailed.
Woodard moved that the name of Anderson,
S., be added as an author on H. F. No. 53. The motion prevailed.
Dettmer moved that the name of Garofalo be
added as an author on H. F. No. 59. The motion prevailed.
Dettmer moved that the names of Kresha and
Wills be added as authors on H. F. No. 60. The motion prevailed.
Dettmer
moved that the name of Kresha be added as an author on
H. F. No. 61. The motion
prevailed.
Bernardy moved that the name of Uglem be
added as an author on H. F. No. 65. The motion prevailed.
Hansen moved that the name of McNamara be
added as an author on H. F. No. 66. The motion prevailed.
Dettmer moved that the names of Newberger,
Lillie and Lohmer be added as authors on H. F. No. 68. The motion prevailed.
Dettmer moved that the names of Simon,
Lillie and Mullery be added as authors on H. F. No. 70. The motion prevailed.
Dettmer moved that the name of Kieffer be
added as an author on H. F. No. 71. The motion prevailed.
Dettmer moved that the name of Lillie be
added as an author on H. F. No. 72. The motion prevailed.
Laine moved that the names of Falk;
Benson, J., and Mullery be added as authors on
H. F. No. 76. The motion
prevailed.
Hilstrom moved that the name of Davnie be
added as an author on H. F. No. 80. The motion prevailed.
Freiberg moved that the names of Moran;
Benson, J., and Nelson be added as authors on H. F. No. 83. The motion prevailed.
Lesch moved that the names of Benson, J.;
Slocum and Mullery be added as authors on H. F. No. 84. The motion prevailed.
Clark moved that the names of Fischer and
Dehn, R., be added as authors on H. F. No. 85. The motion prevailed.
Pursuant to rule 4.30, Davids moved that
H. F. No. 63 be recalled from the Committee on Taxes, be given its second
reading and be placed on the General Register. The motion did not prevail.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 12:00 noon, Tuesday, January 22, 2013. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 12:00 noon, Tuesday, January
22, 2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives