Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 97

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

EIGHTH DAY

 

Saint Paul, Minnesota, Thursday, January 31, 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 the Reverend Joann Haejong Lee, The House of Hope Presbyterian Church, St. Paul, 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, P.

Anderson, S.

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, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

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

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Anderson, M.; Anzelc; Kelly and Yarusso 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.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 98

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 5, A bill for an act relating to commerce; establishing the Minnesota Insurance Marketplace; prescribing its powers and duties; providing for legislative appointments; appropriating money; amending Minnesota Statutes 2012, section 13.7191, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 62V.

 

Reported the same back with the following amendments:

 

Page 3, line 4, after "10A.07" insert ".  Board members"

 

Page 3, line 17, after "of" insert "sections 16C.08, subdivision 2, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and (3), paragraph (b), and paragraph (c); and section"

 

Page 3, line 23, delete "; and" and insert a period

 

Page 3, delete lines 24 to 30

 

Page 4, line 1, after "members" insert "appointed by the governor with the advice and consent of both the senate and the house of representatives acting separately in accordance with paragraph (d)"

 

Page 4, line 4, delete "a three-year term" and insert "four-year staggered terms"

 

Page 4, line 5, delete everything after "determination" and insert a semicolon

 

Page 4, delete lines 6 to 8

 

Page 4, line 9, after "members" insert "appointed by the governor with the advice and consent of both the senate and the house of representatives acting separately in accordance with paragraph (d)"

 

Page 4, line 10, delete everything after the colon and insert "one member representing the areas of health administration, health care finance, health plan purchasing, and health care delivery systems; one member representing the areas of public health, health disparities, public health care programs, and the uninsured; and one member representing health policy issues related to the small group and individual markets"

 

Page 4, delete lines 11 and 12

 

Page 4, line 13, delete "the uninsured" and delete "a three-year term" and insert "four-year staggered terms"

 

Page 4, line 14, delete everything after "determination" and insert "; and"

 

Page 4, delete lines 15 to 17

 

Page 4, after line 20, insert:

 

"(c) The governor shall make appointments to the board that are consistent with federal law and regulations regarding its composition and structure.


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(d) Upon appointment by the governor, a board member shall exercise duties of office immediately.  If both the house of representatives and the senate vote not to confirm an appointment, the appointment terminates on the day following the vote not to confirm in the second body to vote."

 

Page 4, line 21, delete "(c)" and insert "(e)"

 

Page 4, line 28, delete everything after the period

 

Page 4, delete lines 29 and 30

 

Page 4, line 31, delete "(a)"

 

Page 4, line 36, after "Marketplace." insert "No member of the board may currently serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 5, delete line 1

 

Page 5, line 10, delete ", appointment by the entity" and insert "that was appointed by the governor, the governor shall appoint a new member within 90 days, and the newly appointed member shall be subject to the same confirmation process described in subdivision 2."

 

Page 5, delete lines 11 and 12

 

Page 5, line 33, after the period, insert "This authority is subject to chapters 43A and 179A."

 

Page 10, after line 10, insert:

 

"Sec. 11.  [62V.10] RIGHT NOT TO PARTICIPATE.

 

Nothing in this chapter infringes on the right of a Minnesota citizen not to participate in the Minnesota Insurance Marketplace."

 

Page 11, line 1, delete "12" and insert "13"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete "providing for legislative appointments" and insert "establishing the right not to participate"

 

 

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

 

      The report was adopted.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 100

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

 

H. F. No. 19, A bill for an act relating to probate; multiparty accounts; allowing agency designations in certain situations; amending Minnesota Statutes 2012, sections 524.6-201, by adding a subdivision; 524.6-203; 524.6-204; 524.6-211; 524.6-213, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 524.

 

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

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 40, A bill for an act relating to protected persons; guardians and conservators; modifying provisions related to the appointment of guardians and conservators; increasing background study fee; modifying contents of annual reports made by guardians and conservators; amending Minnesota Statutes 2012, sections 245C.32, subdivision 2; 524.5-118, subdivision 1, by adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420.

 

Reported the same back with the following amendments:

 

Page 3, delete section 3 and insert:

 

"Sec. 3.  Minnesota Statutes 2012, section 524.5-118, is amended by adding a subdivision to read:

 

Subd. 2a.  Procedure; state licensing agency data.  The court shall request the commissioner of human services to provide the court, within 25 working days of receipt of the court's request, with licensing agency data from the appropriate Minnesota licensing agencies.  Each Minnesota licensing agency with licensing agency data shall provide the data to the commissioner within ten working days of the commissioner's request.  The commissioner's request may be made by e-mail.  The data provided by the commissioner to the court shall include, as applicable, license number and status; original date of issue; last renewal date; expiration date; date of denial, condition, suspension, revocation, or cancellation; the name of the licensing agency that denied, conditioned, suspended, revoked, or canceled the license; and the basis for the denial, condition, suspension, revocation, or cancellation of the license.  If the proposed guardian or conservator has resided in a state other than Minnesota in the previous ten years, licensing agency data shall also include the licensing agency data from the other state or states where the proposed guardian or conservator resided.  If the proposed guardian or conservator currently has or previously had a professional license in another state or states that is directly related to the responsibilities of a professional fiduciary, state licensing agency data shall also include data from the relevant licensing agency of that state or states."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 80, A bill for an act relating to judgments; regulating assigned consumer debt default judgments; proposing coding for new law in Minnesota Statutes, chapter 548.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

      The report was adopted.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 101

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

 

H. F. No. 87, A bill for an act relating to real property; providing for affidavit of survivorship; providing for release or partial release of lien of a mortgage; claiming an interest in registered land after registration; making technical and conforming changes; amending Minnesota Statutes 2012, sections 507.092, subdivision 1; 507.403; 508.70, subdivision 1; 508.82, subdivision 1; 508A.70, subdivision 1; 508A.82, subdivision 1.

 

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

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

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.

 

Reported the same back with the following amendments:

 

Page 1, line 21, before the period, insert "or one of the victims"

 

 

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

 

      The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 95, A bill for an act relating to state government; ratifying labor agreements and compensation plans.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  LABOR AGREEMENTS AND COMPENSATION PLANS.

 

Subdivision 1.  American Federation of State, County and Municipal Employees, Council 5.  The collective bargaining agreement between the state of Minnesota and the American Federation of State, County and Municipal Employees, Council 5, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

Subd. 2.  Minnesota Association of Professional Employees.  The collective bargaining agreement between the state of Minnesota and the Minnesota Association of Professional Employees, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

Subd. 3.  Middle Management Association.  The collective bargaining agreement between the state of Minnesota and the Middle Management Association, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 102

Subd. 4.  State Residential Schools Education Association.  The collective bargaining agreement between the state of Minnesota and the State Residential Schools Education Association, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

Subd. 5.  American Federation of State, County and Municipal Employees, Correctional Officers, Unit 8.  The collective bargaining agreement between the state of Minnesota and the American Federation of State, County and Municipal Employees, Correctional Officers, Unit 8, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

Subd. 6.  Commissioner's plan.  The commissioner's plan for unrepresented employees, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

Subd. 7.  Managerial plan.  The managerial plan, recommended for approval by the Legislative Coordinating Commission Subcommittee on Employee Relations on January 28, 2013, is ratified.

 

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

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance and Veterans Affairs.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 19 and 87 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Murphy, E.; Huntley; Liebling; Lien; Abeler; Dehn, R.; Sundin; Yarusso; Newton; Freiberg; Simonson; Moran; Erhardt; Ward, J.E.; Loeffler and McNamar introduced:

 

H. F. No. 214, A bill for an act relating to human services; establishing MinnesotaCare as the state's basic health program; amending Minnesota Statutes 2012, sections 16A.724, subdivision 3; 256.962, subdivisions 1, 2, by adding a subdivision; 256L.01, by adding subdivisions; 256L.02, subdivision 2, by adding subdivisions; 256L.03, subdivisions 1, 6, by adding subdivisions; 256L.04, subdivision 7b, by adding subdivisions; 256L.05, subdivisions 1, 2, 3, 3a, 3c, by adding a subdivision; 256L.09, subdivision 2; 256L.11, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256L; repealing Minnesota Statutes 2012, sections 256L.01, subdivisions 3, 3a, 4a, 5; 256L.02, subdivision 3; 256L.03, subdivisions 1a, 3, 4, 5; 256L.031; 256L.04, subdivisions 1, 1b, 2a, 7, 7a, 8, 9, 13; 256L.05, subdivisions 1b, 1c, 5; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, 4, 5, 8, 9; 256L.09, subdivisions 1, 4, 5, 6, 7; 256L.11, subdivisions 2a, 3, 6; 256L.12; 256L.15, subdivisions 1, 1a, 1b, 2; 256L.17, subdivisions 1, 2, 3, 4, 5.

 

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


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 103

Ward, J.A.; Moran; Abeler; Zerwas and Norton introduced:

 

H. F. No. 215, A bill for an act relating to health; permitting licensed health care professionals to order use of physical agent modalities, electrical stimulation, and ultrasound devices; amending Minnesota Statutes 2012, section 148.6440, subdivision 1.

 

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

 

 

Winkler and Morgan introduced:

 

H. F. No. 216, A bill for an act relating to the legislature; modifying the definition of legislative day; amending Minnesota Statutes 2012, section 3.012.

 

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

 

 

Winkler introduced:

 

H. F. No. 217, A bill for an act relating to civil actions; regulating defamation actions; providing for requests for corrections or clarifications; proposing coding for new law as Minnesota Statutes, chapter 553A.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 218, A bill for an act relating to game and fish; making the free deer license for disabled veterans permanent; amending Minnesota Statutes 2012, section 97A.441, subdivision 6.

 

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

 

 

Dorholt introduced:

 

H. F. No. 219, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and repair (HEAPR); 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.

 

 

Fritz and Liebling introduced:

 

H. F. No. 220, A bill for an act relating to child care; modifying a child care licensure requirement; amending Minnesota Statutes 2012, section 245A.1435.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 104

Falk introduced:

 

H. F. No. 221, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money for a veterans home in Montevideo.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Isaacson; Johnson, S.; Mahoney and Yarusso introduced:

 

H. F. No. 222, A bill for an act relating to transportation; appropriating money for the I-694 and Rice Street interchange.

 

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

 

 

Woodard; Erickson, S., and Wills introduced:

 

H. F. No. 223, A bill for an act relating to education; creating choice scholarships; authorizing rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Erickson, R.; Kresha; Faust; Persell; Dorholt; Radinovich; Metsa; Anzelc; Fischer; Nornes; Petersburg; Dill; Anderson, P.; Fritz; Falk; McNamar and Melin introduced:

 

H. F. No. 224, A bill for an act relating to elections; modifying authorization for mail balloting; appropriating money; amending Minnesota Statutes 2012, section 204B.45, subdivision 1.

 

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

 

 

Erickson, R.; Yarusso; Savick; Anzelc; Ward, J.A.; Marquart; McNamar; Hausman; Sawatzky; Persell; Lien; Davnie; Sundin; Radinovich and Simon introduced:

 

H. F. No. 225, A bill for an act relating to capital improvements; appropriating money for construction and renovation of facilities in Independent School District No. 38, Red Lake; authorizing the sale and issuance of state bonds.

 

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

 

 

Norton introduced:

 

H. F. No. 226, A bill for an act relating to capital improvements; transportation; authorizing spending for local roads with statewide or regional significance and local bridges; authorizing the sale and issuance of state bonds; appropriating money.

 

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


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 105

Liebling introduced:

 

H. F. No. 227, A bill for an act relating to health; prohibiting smoking in residences that provide foster care for children; amending Minnesota Statutes 2012, section 144.414, by adding a subdivision.

 

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

 

 

Johnson, B.; Hilstrom; Newberger; Cornish and Zerwas introduced:

 

H. F. No. 228, A bill for an act relating to public safety; creating increased penalties for wildlife arson that damages multiple dwellings, acreage, or crops; adding restitution provisions; amending Minnesota Statutes 2012, section 609.5641, subdivisions 1, 3, by adding a subdivision.

 

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

 

 

Persell; Sundin; Ward, J.E., and Quam introduced:

 

H. F. No. 229, A bill for an act relating to education; providing for computer-based adaptive assessments.

 

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

 

 

Kahn; Davids; Clark; Winkler; Torkelson; Murphy, M.; Loeffler; Bly; Ward, J.A.; Sundin; Dehn, R.; Hamilton; Gunther; Anderson, P.; Sawatzky; Savick; Melin; Paymar; Nelson; Hansen; Moran; Mariani; Wagenius; Ward, J.E.; Persell; Radinovich; Davnie; Falk; Poppe; Lesch; McNamara; Erickson, R.; Lillie; Johnson, S., and Isaacson introduced:

 

H. F. No. 230, A bill for an act relating to agriculture; providing for the development and regulation of an industrial hemp industry; authorizing rulemaking; providing a defense for possession and cultivation of industrial hemp; modifying the definition of marijuana; amending Minnesota Statutes 2012, sections 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 18J.09; 18J.11, subdivision 1, by adding a subdivision; 152.01, subdivision 9; 375.30, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 18K.

 

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

 

 

Hortman, Laine and Newton introduced:

 

H. F. No. 231, A bill for an act relating to capital improvements; appropriating money for a bicycle and pedestrian trail to connect the Northtown Transit hub to the metropolitan regional trail and to provide a safe route for elementary school students; 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.


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Hilstrom, Lesch, Kelly, Hortman and Abeler introduced:

 

H. F. No. 232, A bill for an act relating to civil law; modifying the statutory short form power of attorney; authorizing certain judicial relief; amending Minnesota Statutes 2012, sections 523.20; 523.23, subdivision 1; 523.24, subdivisions 8, 14; proposing coding for new law in Minnesota Statutes, chapter 523.

 

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

 

 

Erickson, S., introduced:

 

H. F. No. 233, A bill for an act relating to human services; phasing out nursing facility rate equalization; amending Minnesota Statutes 2012, section 256B.48, subdivision 1.

 

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

 

 

Newton, Selcer and Morgan introduced:

 

H. F. No. 234, A bill for an act relating to education finance; authorizing a school district to renew an expiring referendum by action of the school board; amending Minnesota Statutes 2012, section 126C.17, by adding a subdivision.

 

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

 

 

Woodard; Erickson, S., and Wills introduced:

 

H. F. No. 235, A bill for an act relating to education finance; requiring a three-fifths vote to pass legislation increasing the property tax recognition shift percentage or reducing the school aid percentage below 90; amending Minnesota Statutes 2012, sections 123B.75, subdivision 5; 127A.45, subdivision 1.

 

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

 

 

Anderson, S.; Wills; Pugh and Loon introduced:

 

H. F. No. 236, A bill for an act relating to taxation; individual income; modifying the small business investment tax credit; amending Minnesota Statutes 2012, section 116J.8737, subdivisions 1, 2, 5, 8.

 

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

 

 

Paymar; Schoen; Dehn, R.; Simonson and Hornstein introduced:

 

H. F. No. 237, A bill for an act relating to public safety; modifying provisions related to the transfer of pistols and semiautomatic military-style assault weapons, and to eligibility to possess a firearm;  providing criminal penalties; amending Minnesota Statutes 2012, sections 624.713, subdivisions 1, 4; 624.7131, subdivisions 1, 4, 5, 7, 9, 10; 624.7132, subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by adding a subdivision; repealing Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision 14.

 

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


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Davnie; Lesch; Dehn, R.; Simonson; Schoen; Slocum; Benson, J., and Hornstein introduced:

 

H. F. No. 238, A bill for an act relating to public safety; establishing equal penalties for offenders who unlawfully possess firearms on school property; amending Minnesota Statutes 2012, section 609.66, subdivision 1d.

 

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

 

 

Davnie; Dehn, R.; Simonson; Schoen and Hornstein introduced:

 

H. F. No. 239, A bill for an act relating to public safety; establishing equal penalties for persons who possess guns on private property after being ordered to leave the premises; amending Minnesota Statutes 2012, section 624.714, subdivision 17.

 

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

 

 

Schoen, Simonson, Paymar, Isaacson and Dehn, R., introduced:

 

H. F. No. 240, A bill for an act relating to public safety; firearms; improving mental health screening for persons applying for firearms permits; amending Minnesota Statutes 2012, sections 624.7131, subdivisions 2, 4; 624.7132, subdivisions 2, 3, 5, 13; 624.714, subdivisions 2, 6, 12, 16.

 

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

 

 

Hausman, Hornstein, Simonson, Davnie and Slocum introduced:

 

H. F. No. 241, A bill for an act relating to public safety; establishing a crime for manufacturing, transferring, or possessing certain assault weapons; providing for the disposal or registration of existing assault weapons; defining terms; classifying data; clarifying language; providing criminal penalties; amending Minnesota Statutes 2012, sections 13.87, subdivision 2; 624.712, subdivision 7, by adding subdivisions; 624.713; proposing coding for new law in Minnesota Statutes, chapter 624.

 

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

 

 

Hausman, Slocum, Hornstein and Davnie introduced:

 

H. F. No. 242, A bill for an act relating to public safety; establishing a crime for manufacturing, transferring, or possessing large-capacity magazines; defining terms; providing criminal penalties; amending Minnesota Statutes 2012, sections 624.712, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 624.

 

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

 

 

Hausman; Paymar; Johnson, S., and Simonson introduced:

 

H. F. No. 243, A bill for an act relating to public safety; establishing a crime for manufacturing, transferring, or possessing large-capacity magazines; defining terms; providing criminal penalties; amending Minnesota Statutes 2012, sections 624.712, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 624.

 

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


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Johnson, S.; Schoen; Slocum and Isaacson introduced:

 

H. F. No. 244, A bill for an act relating to public safety; making it a crime to falsely report the loss or theft of a firearm; expanding the crime of transferring certain firearms to an ineligible person; making a person convicted of these crimes ineligible to possess a firearm; amending Minnesota Statutes 2012, sections 609.165, subdivision 1a; 609.505, by adding a subdivision; 624.713, subdivision 1; 624.7141, subdivisions 1, 2, 3.

 

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

 

 

Loon and Woodard introduced:

 

H. F. No. 245, A bill for an act relating to taxation; income; modifying education credit; amending Minnesota Statutes 2012, section 290.0674, subdivision 1.

 

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

 

 

Loon and Woodard introduced:

 

H. F. No. 246, A bill for an act relating to taxation; providing an equity and opportunity in education tax credit; amending Minnesota Statutes 2012, section 290.01, subdivisions 19a, 19c; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Mariani introduced:

 

H. F. No. 247, A bill for an act relating to education; implementing integration revenue replacement advisory task force recommendations; repurposing integration revenue by establishing the "Achievement and Integration for Minnesota" program to increase student performance and equitable educational opportunities and prepare all students to be effective citizens; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Runbeck; FitzSimmons; Urdahl; Barrett; Zerwas; McDonald; Anderson, P.; Benson, M.; O'Neill; Petersburg; Lohmer and Dettmer introduced:

 

H. F. No. 248, A bill for an act relating to education finance; increasing the equalization aid levels for the operating referendum and debt service equalization aid programs; amending Minnesota Statutes 2012, sections 123B.53, subdivision 5; 126C.01, by adding subdivisions; 126C.17, subdivision 6.

 

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

 

 

Slocum, Wagenius and Hausman introduced:

 

H. F. No. 249, A bill for an act relating to capital investment; appropriating money for the 77th Street underpass; authorizing the sale and issuance of state bonds.

 

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


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Norton introduced:

 

H. F. No. 250, A bill for an act relating to courts; increasing the number of trial court judgeships in the third district; appropriating money; amending Minnesota Statutes 2012, section 2.722, subdivision 1.

 

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

 

 

Poppe, Hamilton, Falk, McNamar and Erickson, R., introduced:

 

H. F. No. 251, A bill for an act relating to agriculture; extending the sunset date for the Farmer-Lender Mediation Act; amending Minnesota Statutes 2012, section 583.215.

 

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

 

 

Allen, Scott, Clark, Abeler and Persell introduced:

 

H. F. No. 252, A bill for an act relating to family law; adoption; modifying certain child placement proceedings; amending Minnesota Statutes 2012, section 260.771, subdivision 3.

 

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

 

 

Simon introduced:

 

H. F. No. 253, A bill for an act relating to state government; creating a state auditor enterprise fund; appropriating money; amending Minnesota Statutes 2012, sections 6.48; 6.56, subdivision 2; 471.699; proposing coding for new law in Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2012, section 6.58.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Peppin, Drazkowski, Davids, Quam, Nornes, Lohmer, Gunther, O'Neill, Newberger, Albright, Woodard, Swedzinski, Kiel and McDonald introduced:

 

H. F. No. 254, A bill for an act relating to energy; abolishing prohibition on issuing certificate of need for new nuclear power plant; amending Minnesota Statutes 2012, section 216B.243, subdivision 3b.

 

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

 

 

Atkins, Hortman, Garofalo, Beard, Masin, Selcer and Yarusso introduced:

 

H. F. No. 255, A bill for an act relating to energy; nuclear waste; directing the commissioner of commerce to assess federal progress in developing a permanent repository for high-level radioactive waste; requiring reports; specifying actions to be taken by the commissioner of commerce and Public Utilities Commission in certain circumstances.

 

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


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 110

Fritz; Allen; Moran; Huntley; Abeler; Clark; Benson, J.; Loeffler and Laine introduced:

 

H. F. No. 256, A bill for an act relating to human services; repealing the MFIP family cap; repealing Minnesota Statutes 2012, section 256J.24, subdivision 6.

 

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

 

 

Mullery introduced:

 

H. F. No. 257, A bill for an act relating to real estate; specifying certain protections for persons entering into a contract for deed or a lease with option to buy involving residential real estate; proposing coding for new law in Minnesota Statutes, chapter 559.

 

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

 

 

Murphy, M.; Newton; Faust; Hortman and Nelson introduced:

 

H. F. No. 258, A bill for an act relating to capital investment; appropriating money for Northern Lights Express passenger rail line; authorizing the sale and issuance of state bonds.

 

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

 

 

Newton, Dorholt, Bernardy, Hortman and Nelson introduced:

 

H. F. No. 259, A bill for an act relating to capital investment; appropriating money for extending the Northstar commuter rail line from Big Lake to St. Cloud; authorizing the sale and issuance of state bonds.

 

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

 

 

Newton, Hortman and Nelson introduced:

 

H. F. No. 260, A bill for an act relating to capital investment; appropriating money for the Foley Boulevard Northstar commuter rail station; authorizing the sale and issuance of state bonds.

 

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

 

 

Newton, Selcer, Morgan, Erhardt and Kieffer introduced:

 

H. F. No. 261, A bill for an act relating to education; allowing school districts to begin the school year before Labor Day; amending Minnesota Statutes 2012, section 120A.40.

 

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


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 111

Halverson; Erickson, R.; Schoen; Marquart; Ward, J.E., and Radinovich introduced:

 

H. F. No. 262, A bill for an act relating to health; creating a grant program for spinal cord injury and traumatic brain injury research; establishing the spinal cord and traumatic brain injury advisory committee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Paymar, Gruenhagen, Lesch and Cornish introduced:

 

H. F. No. 263, A bill for an act relating to public safety; adding fifth degree assault and certain domestic assault provisions to crime of violence; amending Minnesota Statutes 2012, section 624.712, subdivision 5.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 264, A bill for an act relating to courts; amending court filing fees; amending Minnesota Statutes 2012, sections 357.021, subdivision 2; 357.022; 357.08.

 

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

 

 

Johnson, S.; Kahn; Paymar; Abeler and Nelson introduced:

 

H. F. No. 265, A bill for an act relating to public safety; requiring sheriffs to report injuries to jailers to the Bureau of Criminal Apprehension; proposing coding for new law in Minnesota Statutes, chapter 641.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 266, A bill for an act relating to alcohol; allowing brewer taprooms to be located in cities with municipal liquor; amending Minnesota Statutes 2012, section 340A.601, subdivision 5.

 

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

 

 

Davids introduced:

 

H. F. No. 267, A bill for an act relating to the State Lottery; prohibiting sale of lottery tickets at fuel pumps; amending Minnesota Statutes 2012, section 349A.13.

 

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


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Quam, Drazkowski, Hertaus and Sundin introduced:

 

H. F. No. 268, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; allowing agricultural land, nonhomesteaded, noncommercial real property owners, and small business property owners to vote on bonding and property tax questions where the property is located; providing implementing language; proposing coding for new law in Minnesota Statutes, chapter 204B.

 

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

 

 

Kieffer; Benson, M.; Uglem; O'Neill and Ward, J.A., introduced:

 

H. F. No. 269, A bill for an act relating to elections; reducing the number of proof-of-residence oaths that a voter may sign on election day; amending Minnesota Statutes 2012, section 201.061, subdivision 3.

 

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

 

 

Hausman and Carlson introduced:

 

H. F. No. 270, A bill for an act relating to capital investment; appropriating money for Higher Education Asset Preservation and Replacement; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Savick, Hausman, Hansen, Gunther, Lillie and Poppe introduced:

 

H. F. No. 271, A bill for an act relating to capital investment; appropriating money for the Shell Rock River watershed; 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.

 

 

Pelowski, Hausman, Kelly, Simonson, Huntley and Murphy, M., introduced:

 

H. F. No. 272, A bill for an act relating to capital investment; appropriating money for the port development assistance program; authorizing the sale and issuance of state bonds.

 

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

 

 

Persell, Hausman and McNamar introduced:

 

H. F. No. 273, A bill for an act relating to capital investment; appropriating money for acquisition of school trust land by the Department of Natural Resources; 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.


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Yarusso; Bernardy; Johnson, S.; Mahoney; Fischer; Laine; Lillie; Isaacson; Moran; Lesch; Hornstein; Newton and Mariani introduced:

 

H. F. No. 274, A bill for an act relating to economic development; appropriating money for transportation infrastructure in Ramsey County.

 

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

 

 

Woodard and Paymar introduced:

 

H. F. No. 275, A bill for an act relating to public safety; modifying provisions relating to Capitol complex area security; providing for a report; appropriating money; amending Minnesota Statutes 2012, section 299E.01, subdivisions 2, 3; repealing Minnesota Statutes 2012, section 299E.02.

 

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

 

 

Dehn, R.; Hornstein; Fischer; Atkins; Nelson and Schoen introduced:

 

H. F. No. 276, A joint resolution requesting that Congress propose a constitutional amendment and, if Congress does not propose an amendment, applying to Congress to call a constitutional convention to propose an amendment clarifying that the rights protected under the Constitution are the rights of natural persons and not the rights of artificial entities and that spending money to influence elections is not speech under the First Amendment.

 

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

 

 

Atkins, Schoen, Lohmer, Bernardy, Nelson, Yarusso and Lillie introduced:

 

H. F. No. 277, A bill for an act relating to public safety; traffic regulations; establishing a crime for causing death or great bodily harm by driving in an aggressive, inattentive, reckless, or careless manner; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 169.

 

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

 

 

Hortman, Erhardt and Scott introduced:

 

H. F. No. 278, A bill for an act relating to state government; enacting the Uniform Electronic Legal Material Act approved by the National Conference of Commissioners on Uniform State Laws; proposing coding for new law as Minnesota Statutes, chapter 3E.

 

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

 

 

Simon introduced:

 

H. F. No. 279, A bill for an act relating to state government; modifying audit requirements; amending Minnesota Statutes 2012, section 469.3201.

 

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


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Poppe, Abeler, Savick, Fritz and Schomacker introduced:

 

H. F. No. 280, A bill for an act relating to human services; modifying the division of cost for intermediate care facilities for persons with developmental disabilities; amending Minnesota Statutes 2012, section 256B.19, subdivision 1.

 

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

 

 

Slocum and Benson, J., introduced:

 

H. F. No. 281, A bill for an act relating to charitable solicitations; regulating public disclosures of certain charitable organization salaries; amending Minnesota Statutes 2012, section 309.556, subdivision 1.

 

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

 

 

Dill introduced:

 

H. F. No. 282, A bill for an act relating to capital investment; appropriating money for new sanitary sewer collection systems in Voyageurs National Park; 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.

 

 

Winkler introduced:

 

H. F. No. 283, A bill for an act relating to evidence; limiting availability of certain evidence arising from a collaborative law process; amending Minnesota Statutes 2012, section 595.02, subdivision 1.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Huntley moved that the name of Norton be added as an author on H. F. No. 9.  The motion prevailed.

 

      Freiberg moved that the name of Ward, J.E., be added as an author on H. F. No. 20.  The motion prevailed.

 

      Dettmer moved that the name of Moran be added as an author on H. F. No. 70.  The motion prevailed.

 

      Dettmer moved that the name of Ward, J.E., be added as an author on H. F. No. 72.  The motion prevailed.

 

      Hilstrom moved that the name of Slocum be added as an author on H. F. No. 90.  The motion prevailed.

 

      Persell moved that the name of Urdahl be added as an author on H. F. No. 143.  The motion prevailed.

 

      Hilstrom moved that the name of Atkins be added as an author on H. F. No. 157.  The motion prevailed.


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 115

              Morgan moved that the name of Dorholt be added as an author on H. F. No. 173.  The motion prevailed.

 

      Davnie moved that the name of Nornes be added as an author on H. F. No. 182.  The motion prevailed.

 

      Holberg moved that the names of Quam; Benson, J.; Slocum; Gruenhagen and Lohmer be added as authors on H. F. No. 183.  The motion prevailed.

 

      Davnie moved that the names of Falk and Nornes be added as authors on H. F. No. 186.  The motion prevailed.

 

      Hortman moved that the names of Newton; Benson, J., and Simon be added as authors on H. F. No. 187.  The motion prevailed.

 

      Simon moved that the names of Benson, J., and Slocum be added as authors on H. F. No. 193.  The motion prevailed.

 

      Atkins moved that the names of Benson, J.; Persell and Simon be added as authors on H. F. No. 194.  The motion prevailed.

 

      Winkler moved that the names of Falk; Benson, J., and Clark be added as authors on H. F. No. 196.  The motion prevailed.

 

      Mariani moved that the name of Moran be added as an author on H. F. No. 198.  The motion prevailed.

 

      Simonson moved that the name of Scott be added as an author on H. F. No. 199.  The motion prevailed.

 

      Morgan moved that the names of Clark and Zerwas be added as authors on H. F. No. 203.  The motion prevailed.

 

      Loeffler moved that the name of Clark be added as an author on H. F. No. 213.  The motion prevailed.

 

 

      Peppin moved that H. F. No. 95 be recalled from the Committee on State Government Finance and Veterans Affairs and be re-referred to the Committee on Government Operations.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Peppin motion and the roll was called.  There were 58 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo


Journal of the House - 8th Day - Thursday, January 31, 2013 - Top of Page 116

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Spk. Thissen


 

      The motion did not prevail.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the following appointments and changes to committee assignments:

 

      Health and Human Services Policy:  Add the name of Lohmer and show the name of Mack as GOP Lead.

 

 

ADJOURNMENT

 

      Murphy, E., moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 4, 2013.  The motion prevailed.

 

      Murphy, E., moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, February 4, 2013.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives