Journal of the House - 10th Day - Wednesday, February 6, 2013

A quorum was present.

Allen, Clark, Garofalo, Hackbarth, Hilstrom, Holberg, Kieffer, McDonald, Peppin, Simon and Slocum 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 - 10th Day - Wednesday, February 6, 2013 - Top of Page 144

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 9, A bill for an act relating to human services; expanding medical assistance eligibility; requiring the use of modified adjusted gross income and a standard income disregard; amending Minnesota Statutes 2012, sections 256B.02, by adding subdivisions; 256B.055, subdivision 15; 256B.056, subdivisions 1a, 3, 4, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision to read:

Subd. 17. Affordable Care Act or ACA. "Affordable Care Act" or "ACA" means Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.

EFFECTIVE DATE. This section is effective January 1, 2014.

Sec. 2. Minnesota Statutes 2012, section 256B.055, is amended by adding a subdivision to read:

Subd. 16. Children ages 19 and 20. Medical assistance may be paid for children who are 19 to 20 years of age.

EFFECTIVE DATE. This section is effective January 1, 2014.

Sec. 3. Minnesota Statutes 2012, section 256B.056, subdivision 1a, is amended to read:

Subd. 1a. Income and assets generally. (a)(1) Unless specifically required by state law or rule or federal law or regulation, the methodologies used in counting income and assets to determine eligibility for medical assistance for persons whose eligibility category is based on blindness, disability, or age of 65 or more years, the methodologies for the supplemental security income program shall be used, except as provided under subdivision 3, paragraph (a), clause (6).

(2) Increases in benefits under title II of the Social Security Act shall not be counted as income for purposes of this subdivision until July 1 of each year. Effective upon federal approval, for children eligible under section 256B.055, subdivision 12, or for home and community-based waiver services whose eligibility for medical assistance is determined without regard to parental income, child support payments, including any payments made by an obligor in satisfaction of or in addition to a temporary or permanent order for child support, and Social Security payments are not counted as income. For families and children, which includes all other eligibility categories, the methodologies under the state's AFDC plan in effect as of July 16, 1996, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, shall be used, except that effective October 1, 2003, the earned income disregards and deductions are limited to those in subdivision 1c.

(b)(1) The modified adjusted gross income methodology as defined in the Affordable Care Act shall be used for eligibility categories based on:

(i) children under age 19 and their parents and relative caretakers as defined in section 256B.055, subdivision 3a;

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 145

(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;

(iii) pregnant women as defined in section 256B.055, subdivision 6;

(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057, subdivision 8; and

(v) adults without children as defined in section 256B.055, subdivision 15.

For these purposes, a "methodology" does not include an asset or income standard, or accounting method, or method of determining effective dates.

(2) For individuals whose income eligibility is determined using the modified adjusted gross income methodology in clause (1), the commissioner shall subtract from the individual's modified adjusted gross income an amount equivalent to five percent of the federal poverty guidelines.

EFFECTIVE DATE. This section is effective January 1, 2014.

Sec. 4. Minnesota Statutes 2012, section 256B.056, subdivision 3c, is amended to read:

Subd. 3c. Asset limitations for families and children. (a) A household of two or more persons must not own more than $20,000 in total net assets, and a household of one person must not own more than $10,000 in total net assets. In addition to these maximum amounts, an eligible individual or family may accrue interest on these amounts, but they must be reduced to the maximum at the time of an eligibility redetermination. The value of assets that are not considered in determining eligibility for medical assistance for families and children is the value of those assets excluded under the AFDC state plan as of July 16, 1996, as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business up to $200,000 are not considered, except that a bank account that contains personal income or assets, or is used to pay personal expenses, is not considered a capital or operating asset of a trade or business;

(3) one motor vehicle is excluded for each person of legal driving age who is employed or seeking employment;

(4) assets designated as burial expenses are excluded to the same extent they are excluded by the Supplemental Security Income program;

(5) court-ordered settlements up to $10,000 are not considered;

(6) individual retirement accounts and funds are not considered;

(7) assets owned by children are not considered; and

(8) effective July 1, 2009, certain assets owned by American Indians are excluded as required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. For purposes of this clause, an American Indian is any person who meets the definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

The assets specified in clause (2) must be disclosed to the local agency at the time of application and at the time of an eligibility redetermination, and must be verified upon request of the local agency.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 146

(b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker relatives who qualify for medical assistance under subdivision 5.

EFFECTIVE DATE. This section is effective January 1, 2014.

Sec. 5. Minnesota Statutes 2012, section 256B.056, subdivision 4, is amended to read:

Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of the federal poverty guidelines. Effective January 1, 2000, and each successive January, recipients of supplemental security income may have an income up to the supplemental security income standard in effect on that date.

(b) To be eligible for medical assistance, families and children may have an income up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996, AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16, 1996, shall be increased by three percent.

(c) Effective ~~July 1, 2002~~ January 1, 2014, to be eligible for medical assistance, ~~families and children~~ under section 256B.055, subdivision 3a, a parent or caretaker relative may have an income up to ~~100~~ 133 percent of the federal poverty guidelines for the ~~family~~ household size.

(d) To be eligible for medical assistance under section 256B.055, subdivision 15, a person may have an income up to 75 133 percent of federal poverty guidelines for the ~~family~~ household size.

(e) In computing income to determine eligibility of persons under paragraphs (a) to (d) who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509. Veterans aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient To be eligible for medical assistance under section 256B.055, subdivision 16, a child may have an income up to 133 percent of the federal poverty guidelines for the household size.

(f) In computing income to determine eligibility of persons under paragraphs (a) to (e) who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509. For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient.

EFFECTIVE DATE. This section is effective January 1, 2014.

Sec. 6. TRANSFER.

The commissioner of management and budget shall transfer from the health care access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000 in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal year 2017.

EFFECTIVE DATE. This section is effective January 1, 2014."

Delete the title and insert:

"A bill for an act relating to human services; expanding medical assistance eligibility; requiring the use of modified adjusted gross income and a standard income disregard; amending Minnesota Statutes 2012, sections 256B.02, by adding a subdivision; 256B.055, by adding a subdivision; 256B.056, subdivisions 1a, 3c, 4."

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 147

Murphy, M., from the Committee on State Government Finance and Veterans Affairs 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 recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

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.

Reported the same back with the following amendments:

Page 1, line 12, delete "25"

Page 1, line 19, delete "25-day"

Page 2, line 1, delete "25"

Page 2, line 13, delete "25"

Page 2, after line 20, insert:

"(g) For purposes of this subdivision, "absent days limit" means 25 full-day absent days per child, excluding holidays, in a fiscal year; and ten consecutive full-day absent days."

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.

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 129, A bill for an act relating to commerce; regulating mortgage foreclosures; clarifying the definition of a foreclosure consultant; amending Minnesota Statutes 2012, section 325N.01.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 325N.01, is amended to read:

325N.01 DEFINITIONS.

The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 148

(a) "Foreclosure consultant" means any person who, directly or indirectly, makes any solicitation, representation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the person in any manner represents will in any manner do any of the following:

(1) stop or postpone the foreclosure sale;

(2) obtain any forbearance from any beneficiary or mortgagee;

(3) assist the owner to exercise the right of reinstatement provided in section 580.30;

(4) obtain any extension of the period within which the owner may reinstate the owner's obligation;

(5) obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a residence in foreclosure or contained in the mortgage;

(6) assist the owner in foreclosure or loan default to obtain a loan or advance of funds;

(7) avoid or ameliorate the impairment of the owner's credit resulting from the recording of a notice of default or the conduct of a foreclosure sale;

(8) save the owner's residence from foreclosure; or

(9) negotiate or modify the terms or conditions of an existing residential mortgage loan.

(b) A foreclosure consultant does not include any of the following:

(1) a person licensed to practice law in this state when the person renders service in the course of the person's practice as an attorney-at-law;

(2) a person licensed as a debt management services provider under chapter 332A, when the person is acting as a debt management services provider as defined in that chapter;

(3) a person licensed as a real estate broker or salesperson under chapter 82 when the person engages in acts whose performance requires licensure under that chapter unless the person is engaged in offering services designed to, or purportedly designed to, enable the owner to retain possession of the residence in foreclosure;

(4) a person licensed as an accountant under chapter 326A when the person is acting in any capacity for which the person is licensed under those provisions;

(5) a person or the person's authorized agent acting under the express authority or written approval of the Department of Housing and Urban Development or other department or agency of the United States or this state to provide services;

(6) a person who holds or is owed an obligation secured by a lien on any residence in foreclosure when the person performs services in connection with this obligation or lien if the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance;

(7) any person or entity doing business under any law of this state, or of the United States relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or employee of these persons or entities while engaged in the business of these persons or entities;

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 149

(8) a person licensed as a residential mortgage originator or servicer pursuant to chapter 58, when acting under the authority of that license, except that the provisions of ~~section 325N.04, clause (1),~~ sections 325N.01 to 325N.06, 325N.08, and 325N.09 shall apply to any person operating under a mortgage originator license who negotiates or offers to negotiate the terms or conditions of an existing residential mortgage loan;

(9) a nonprofit agency or organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code that offers counseling or advice to an owner of a home in foreclosure or loan default if they do not contract for services with for-profit lenders or foreclosure purchasers, except that they shall comply with the provisions of section 325N.04, clause (1);

(10) a judgment creditor of the owner, to the extent that the judgment creditor's claim accrued prior to the personal service of the foreclosure notice required by section 580.03, but excluding a person who purchased the claim after such personal service; and

(11) a foreclosure purchaser as defined in section 325N.10.

(1) the transfer of title to real property by a foreclosed homeowner during a foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or by creation of a mortgage or other lien or encumbrance during the foreclosure process that allows the acquirer to obtain title to the property by redeeming the property as a junior lienholder; and

(2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest back to the foreclosed homeowner by the acquirer or a person acting in participation with the acquirer that allows the foreclosed homeowner to possess either the residence in foreclosure or any other real property, which interest includes, but is not limited to, an interest in a contract for deed, purchase agreement, option to purchase, or lease.

(d) "Person" means any individual, partnership, corporation, limited liability company, association, or other group, however organized.

(e) "Service" means and includes, but is not limited to, any of the following:

(1) debt, budget, or financial counseling of any type;

(2) receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a lien on a residence in foreclosure;

(3) contacting creditors or servicers to negotiate or offer to negotiate the terms or conditions of an existing residential mortgage loan;

(4) arranging or attempting to arrange for an extension of the period within which the owner of a residence in foreclosure may cure the owner's default and reinstate the owner's obligation pursuant to section 580.30;

(5) arranging or attempting to arrange for any delay or postponement of the time of sale of the residence in foreclosure;

(6) advising the filing of any document or assisting in any manner in the preparation of any document for filing with any bankruptcy court; or

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 150

(7) giving any advice, explanation, or instruction to an owner of a residence in foreclosure, which in any manner relates to the cure of a default in or the reinstatement of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of that obligation, or the postponement or avoidance of a sale of a residence in foreclosure, pursuant to a power of sale contained in any mortgage.

(f) "Residence in foreclosure" means residential real property consisting of one to four family dwelling units, one of which the owner occupies as the owner's principal place of residence, where there is a delinquency or default on any loan payment or debt secured by or attached to the residential real property including, but not limited to, contract for deed payments.

(g) "Owner" means the record owner of the residential real property in foreclosure at the time the notice of pendency was recorded, or the summons and complaint served.

(h) "Contract" means any agreement, or any term in any agreement, between a foreclosure consultant and an owner for the rendition of any service as defined in paragraph (e).

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 Civil Law.

The report was adopted.

Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 152, A bill for an act relating to transportation; establishing a transportation ombudsperson; amending Minnesota Statutes 2012, section 174.02, by adding a subdivision.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Government Operations.

The report was adopted.

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

H. F. No. 153, A bill for an act relating to redistricting; adjusting the house of representatives district boundaries within Senate District 39; proposing coding for new law in Minnesota Statutes, chapter 2.

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

The report was adopted.

Poppe from the Committee on Agriculture Policy to which was referred:

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.

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

The report was adopted.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 151

Lesch from the Committee on Civil Law to which was referred:

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.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 9, 153 and 251 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bly, Slocum and Benson, J., introduced:

H. F. No. 364, A bill for an act relating to education finance; increasing funding for extended time and area learning center programs; amending Minnesota Statutes 2012, sections 126C.05, subdivision 8; 126C.10, subdivision 2a.

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

Freiberg, Lesch, Davids, Allen, Sanders and Hoppe introduced:

H. F. No. 365, A bill for an act relating to commerce; regulating electronic fund transfers; providing that article 4A of the Uniform Commercial Code does not apply to a remittance transfer that is not an electronic funds transfer under the federal Electronic Fund Transfer Act; amending Minnesota Statutes 2012, section 336.4A-108.

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

Sundin, Davids, Metsa and Faust introduced:

H. F. No. 366, A bill for an act relating to capital investment; appropriating money for replacement of schools damaged by flooding in Rushford and Moose 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.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 152

Simon, Kelly and Howe introduced:

H. F. No. 367, A bill for an act relating to elections; authorizing jurisdictions to adopt ranked-choice voting; establishing procedures for adoption, implementation, and use of ranked-choice voting; amending Minnesota Statutes 2012, sections 205.13, subdivision 2; 206.83; 206.89, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.

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

Mahoney and Gunther introduced:

H. F. No. 368, A bill for an act relating to economic development; modifying loans to development authorities; amending Minnesota Statutes 2012, section 116J.5764, subdivision 1.

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

Freiberg, Lesch, Hortman, Hilstrom, Atkins, Urdahl and Kiel introduced:

H. F. No. 369, A bill for an act relating to community property; adopting the Uniform Community Property Rights at Death Act; proposing coding for new law as Minnesota Statutes, chapter 519A.

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

Franson introduced:

H. F. No. 370, A bill for an act relating to higher education; requiring prioritization of certain in-demand programs at the Minnesota State Colleges and Universities; proposing coding for new law in Minnesota Statutes, chapter 136F.

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

Newton; Dettmer; Dill; Daudt; Lesch; Sanders; McDonald; Ward, J.E.; Paymar; Schoen; Persell and Lillie introduced:

H. F. No. 371, A bill for an act relating to veterans; modifying the veterans service office grant program; appropriating money; amending Minnesota Statutes 2012, section 197.608, subdivisions 3, 4, 5, 6; repealing Minnesota Statutes 2012, section 197.608, subdivision 2a.

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

Anzelc, Melin and Metsa introduced:

H. F. No. 372, A bill for an act relating to state lands; providing for public sale of certain tax-forfeited lands bordering public waters in Itasca County; allowing for private sale of certain lands in Itasca County that were reserved in previous tax-forfeited land sales.

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

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 153

Dill introduced:

H. F. No. 373, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water.

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

Anzelc, Melin, Metsa, Dill and Persell introduced:

H. F. No. 374, A bill for an act relating to natural resources; authorizing county intermediate auction sales of timber; amending Minnesota Statutes 2012, section 90.121.

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

Erickson, S., introduced:

H. F. No. 375, A bill for an act relating to human services; providing for a nursing facility rate increase; amending Minnesota Statutes 2012, section 256B.431, by adding a subdivision.

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

Abeler, Newton, Runbeck, Scott, Bernardy and Laine introduced:

H. F. No. 376, A bill for an act relating to capital investment; appropriating money for the Highway 10 and Armstrong Boulevard Interchange in the city of Ramsey; authorizing the sale and issuance of state bonds.

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

Dorholt, O'Driscoll and Howe introduced:

H. F. No. 377, A bill for an act relating to taxation; sales and use; local government; modifying local sales and use tax for St. Cloud area cities; amending Laws 2005, First Special Session chapter 3, article 5, section 37, subdivisions 2, 4.

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

Hornstein; Loeffler; Clark; Dehn, R.; Davnie and Mullery introduced:

H. F. No. 378, A bill for an act relating to capital investment; appropriating money for the I-35W storm tunnel; authorizing the sale and issuance of state bonds.

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

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 154

Clark, Allen, Davnie, Hornstein, Loeffler, Wagenius and Mullery introduced:

H. F. No. 379, A bill for an act relating to capital investment; appropriating money for the Pioneer and Soldiers Cemetery restoration; 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.

Huntley introduced:

H. F. No. 380, A bill for an act relating to health; specifying an appropriation as a onetime appropriation; amending Laws 2012, chapter 247, article 6, section 4.

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

Hornstein introduced:

H. F. No. 381, A bill for an act relating to taxation; repealing the subtraction for foreign source royalties; modifying the research and development credit; amending Minnesota Statutes 2012, sections 290.01, subdivision 19d; 290.068, subdivision 1.

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

Benson, J., and Clark introduced:

H. F. No. 382, A bill for an act relating to human services; appropriating money for food shelf programs.

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

Benson, J.; Carlson; Simon; Morgan and Clark introduced:

H. F. No. 383, A bill for an act relating to education finance; creating a location equity index; modifying the general education revenue formula; increasing revenue for some school districts; amending Minnesota Statutes 2012, sections 126C.01, by adding a subdivision; 126C.10, subdivision 1, by adding a subdivision.

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

Lien, Marquart and McNamar introduced:

H. F. No. 384, A bill for an act relating to capital investment; appropriating money for flood mitigation improvements in Moorhead; 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.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 155

Hilstrom introduced:

H. F. No. 385, A bill for an act relating to courts; amending the criminal surcharge amount and appeal fees; amending Minnesota Statutes 2012, sections 357.021, subdivisions 6, 7; 357.08.

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

Urdahl and Davids introduced:

H. F. No. 386, A bill for an act relating to taxation; estate; clarifying the exemptions for qualified small business and farm property; amending Minnesota Statutes 2012, section 291.03, subdivisions 8, 9, 10, 11.

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

Dorholt and Norton introduced:

H. F. No. 387, A bill for an act relating to human services; increasing medical assistance reimbursement rate for critical access mental health services; amending Minnesota Statutes 2012, section 256B.763.

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

Benson, J., and Lenczewski introduced:

H. F. No. 388, A bill for an act relating to taxation; increasing the threshold amount for estate taxes; amending Minnesota Statutes 2012, section 289A.10, subdivision 1.

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

Lesch; Loon; Johnson, S.; Cornish and Melin introduced:

H. F. No. 389, A bill for an act relating to public safety; 911 telephone service; providing for collection of 911 fees from prepaid wireless telecommunications services and prepaid wireless E911 services; amending Minnesota Statutes 2012, sections 237.52, subdivision 3, by adding a subdivision; 270B.01, subdivision 8; 270B.12, subdivision 4; 403.02, subdivision 21, by adding subdivisions; 403.06, subdivision 1a; 403.11, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 403.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Fritz introduced:

H. F. No. 390, A bill for an act relating to capital investment; appropriating money for capital improvements at the Minnesota State Academies; authorizing the sale and issuance of state bonds.

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

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 156

Benson, J., introduced:

H. F. No. 391, A bill for an act relating to companion animals; adopting the Minnesota Companion Animal Protection Act; proposing coding for new law in Minnesota Statutes, chapter 346.

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

Melin; Cornish; Woodard; Lesch; Johnson, S.; Simonson; Dehn, R.; Murphy, M.; McNamar; Pugh; Moran; Urdahl and Abeler introduced:

H. F. No. 392, A bill for an act relating to judiciary; modifying provisions governing public hearings in juvenile court proceedings; amending Minnesota Statutes 2012, section 260B.163, subdivision 1.

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

Morgan, Abeler, Winkler and Benson, J., introduced:

H. F. No. 393, A bill for an act relating to education finance; authorizing compensatory revenue to be spent on early education efforts, including parental outreach; amending Minnesota Statutes 2012, section 126C.15, subdivisions 1, 2.

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

Fritz, Abeler and Allen introduced:

H. F. No. 394, A bill for an act relating to human services; modifying residential treatment services for children; amending Minnesota Statutes 2012, sections 245.4882, subdivisions 1, 4, by adding a subdivision; 245.4885, subdivision 1; repealing Minnesota Statutes 2012, sections 245.4885, subdivision 3; 253C.01.

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

Norton; Benson, M.; Mahoney and Liebling introduced:

H. F. No. 395, A bill for an act relating to workforce development; creating a pilot program for individuals with autism spectrum disorders; appropriating money.

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

Benson, J.; Selcer and Winkler introduced:

H. F. No. 396, A bill for an act relating to capital investment; appropriating money for the St. David's Center for Child and Family Development; authorizing the sale and issuance of state bonds.

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

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 157

Atkins introduced:

H. F. No. 397, A bill for an act relating to education finance; permitting Independent School District No. 199, Inver Grove Heights, to participate in the alternative facilities revenue program; amending Laws 1999, chapter 241, article 4, section 25, by adding a subdivision.

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

Atkins; Bernardy; Winkler; Mahoney; Lillie; Anzelc; Dorholt; Ward, J.E.; Erhardt; Ward, J.A.; Sawatzky; Huntley and Davnie introduced:

H. F. No. 398, A bill for an act relating to corporations; providing that business corporations do not have the power to make corporate independent political expenditures; amending Minnesota Statutes 2012, section 302A.165; proposing coding for new law in Minnesota Statutes, chapter 302A.

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

Loon and Selcer introduced:

H. F. No. 399, A bill for an act relating to education; requiring the State High School League to arrange a requesting school's football schedule; amending Minnesota Statutes 2012, section 128C.02, by adding a subdivision.

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

Nelson, Peppin, Hortman, Zellers, Hilstrom, Newton and Uglem introduced:

H. F. No. 400, A bill for an act relating to transportation; highways; establishing requirements concerning extension of marked Trunk Highway 610.

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

Rosenthal; Selcer; Erhardt; Hausman; Benson, J.; Simon; Nelson; Dehn, R.; Hornstein and Winkler introduced:

H. F. No. 401, A bill for an act relating to capital investment; appropriating money for the Southwest Corridor light rail transit 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.

Rosenthal; Selcer; Hausman; Erhardt; Benson, J.; Simon; Nelson; Dehn, R.; Hornstein and Winkler introduced:

H. F. No. 402, A bill for an act relating to capital investment; appropriating money for the Southwest Corridor light rail transit 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.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 158

Nelson and Murphy, M., introduced:

H. F. No. 403, A bill for an act relating to retirement; State Patrol retirement plan; increasing member and employer contributions; increasing vesting to ten years for new hires; capping allowable service for computing annuities; reducing postretirement adjustments; amending Minnesota Statutes 2012, sections 352B.02, subdivisions 1a, 1c; 352B.08, subdivisions 1, 2, 2a; 352B.10, subdivision 5; 352B.11, subdivision 2b; 356.415, subdivision 1e; repealing Minnesota Statutes 2012, section 352B.11, subdivision 2c.

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

Mack, Liebling, Huntley, Abeler and Norton introduced:

H. F. No. 404, A bill for an act relating to appropriations; appropriating money to study and develop recommendations for implementing a return on taxpayer investment methodology and practices for human services and corrections programs.

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

Benson, J.; Huntley; Masin; Persell; Morgan; Lenczewski; Winkler and Hornstein introduced:

H. F. No. 405, A bill for an act relating to employment; modifying employee sick leave policy; amending Minnesota Statutes 2012, section 181.9413.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Davnie and Davids introduced:

H. F. No. 406, A bill for an act relating to taxation; local government; modifying the definition of market value for tax, debt, and other purposes; appropriating money; amending Minnesota Statutes 2012, sections 38.18; 40A.15, subdivision 2; 69.011, subdivision 1; 69.021, subdivisions 7, 8; 88.51, subdivision 3; 103B.245, subdivision 3; 103B.251, subdivision 8; 103B.635, subdivision 2; 103B.691, subdivision 2; 103D.905, subdivisions 2, 3, 8; 117.025, subdivision 7; 127A.48, subdivision 1; 138.053; 144F.01, subdivision 4; 162.07, subdivisions 3, 4; 163.04, subdivision 3; 163.06, subdivision 6; 165.10, subdivision 1; 272.03, by adding subdivisions; 273.032; 273.11, subdivision 1; 273.124, subdivisions 3a, 13; 273.13, subdivision 21b; 273.1398, subdivisions 3, 4; 275.011, subdivision 1; 275.077, subdivision 2; 275.71, subdivision 4; 276.04, subdivision 2; 276A.01, subdivisions 10, 12, 13, 15; 276A.06, subdivision 10; 287.08; 287.23, subdivision 1; 353G.08, subdivision 2; 365.025, subdivision 4; 366.095, subdivision 1; 366.27; 368.01, subdivision 23; 368.47; 370.01; 373.40, subdivisions 1, 4; 375.167, subdivision 1; 375.18, subdivision 3; 375.555; 383B.152; 383B.245; 383B.73, subdivision 1; 383E.20; 383E.23; 385.31; 394.36, subdivision 1; 398A.04, subdivision 8; 401.05, subdivision 3; 410.32; 412.221, subdivision 2; 412.301; 428A.02, subdivision 1; 430.102, subdivision 2; 447.10; 450.19; 450.25; 458A.10; 458A.31, subdivision 1; 465.04; 469.033, subdivision 6; 469.034, subdivision 2; 469.053, subdivisions 4, 4a, 6; 469.107, subdivision 1; 469.180, subdivision 2; 469.187; 469.206; 471.24; 471.571, subdivisions 1, 2; 471.73; 473.325, subdivision 2; 473.629; 473.661, subdivision 3; 473.667, subdivision 9; 473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14, 15, 23; 473F.08, subdivision 10; 475.521, subdivision 4; 475.53, subdivisions 1, 3, 4; 475.58, subdivision 2; 475.73, subdivision 1; 477A.011, subdivisions 20, 32; 477A.0124, subdivision 2; 641.23; 641.24; 645.44, by adding a subdivision; repealing Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision 11; 473F.02, subdivision 13; 477A.011, subdivision 21.

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

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 159

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bill to be placed on the Calendar for the Day for Thursday, February 7, 2013:

H. F. No. 6.

MOTIONS AND RESOLUTIONS

Freiberg moved that the name of O'Driscoll be added as an author on H. F. No. 20. The motion prevailed.

Dettmer moved that the name of Nornes be added as an author on H. F. No. 59. The motion prevailed.

Dettmer moved that the name of Nornes be added as an author on H. F. No. 60. The motion prevailed.

Dettmer moved that the name of Davids be added as an author on H. F. No. 71. The motion prevailed.

Hansen moved that the name of Urdahl be added as an author on H. F. No. 136. The motion prevailed.

Newton moved that the name of Bly be added as an author on H. F. No. 145. The motion prevailed.

Howe moved that the name of FitzSimmons be added as an author on H. F. No. 146. The motion prevailed.

Loeffler moved that the name of Erhardt be added as an author on H. F. No. 205. The motion prevailed.

Murphy, E., moved that the names of Slocum; Benson, J., and Bly be added as authors on H. F. No. 214. The motion prevailed.

Fritz moved that the name of Clark be added as an author on H. F. No. 220. The motion prevailed.

Anderson, P., moved that his name be stricken as an author on H. F. No. 224. The motion prevailed.

Kresha moved that his name be stricken as an author on H. F. No. 224. The motion prevailed.

Nornes moved that his name be stricken as an author on H. F. No. 224. The motion prevailed.

Erickson, R., moved that the name of Slocum be added as an author on H. F. No. 225. The motion prevailed.

Liebling moved that the name of Bly be added as an author on H. F. No. 227. The motion prevailed.

Newton moved that the names of Slocum and Benson, J., be added as authors on H. F. No. 234. The motion prevailed.

Paymar moved that the name of Kahn be added as an author on H. F. No. 237. The motion prevailed.

Davnie moved that the name of Kahn be added as an author on H. F. No. 238. The motion prevailed.

Davnie moved that the names of Kahn and Slocum be added as authors on H. F. No. 239. The motion prevailed.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 160

Schoen moved that the names of Kahn and Slocum be added as authors on H. F. No. 240. The motion prevailed.

Hausman moved that the name of Kahn be added as an author on H. F. No. 241. The motion prevailed.

Hausman moved that the name of Kahn be added as an author on H. F. No. 242. The motion prevailed.

Hausman moved that the name of Kahn be added as an author on H. F. No. 243. The motion prevailed.

Johnson, S., moved that the name of Kahn be added as an author on H. F. No. 244. The motion prevailed.

Atkins moved that the names of Slocum and Benson, J., be added as authors on H. F. No. 255. The motion prevailed.

Murphy, M., moved that the names of Slocum and Bly be added as authors on H. F. No. 258. The motion prevailed.

Newton moved that the name of Benson, J., be added as an author on H. F. No. 261. The motion prevailed.

Paymar moved that the name of Slocum be added as an author on H. F. No. 263. The motion prevailed.

Quam moved that the name of Anderson, M., be added as an author on H. F. No. 268. The motion prevailed.

Kieffer moved that the name of Wills be added as an author on H. F. No. 269. The motion prevailed.

Persell moved that the name of Ward, J.A., be added as an author on H. F. No. 273. The motion prevailed.

Dehn, R., moved that the names of Kahn, Faust and Anzelc be added as authors on H. F. No. 276. The motion prevailed.

Simon moved that the name of Hansen be added as an author on H. F. No. 279. The motion prevailed.

Slocum moved that the name of Bly be added as an author on H. F. No. 281. The motion prevailed.

Loon moved that the name of Petersburg be added as an author on H. F. No. 284. The motion prevailed.

Fischer moved that the name of Erhardt be added as an author on H. F. No. 288. The motion prevailed.

Zerwas moved that the names of Lohmer, Newton and Anderson, S., be added as authors on H. F. No. 295. The motion prevailed.

Liebling moved that the names of Bly and Slocum be added as authors on H. F. No. 296. The motion prevailed.

Clark moved that the name of Slocum be added as an author on H. F. No. 299. The motion prevailed.

Franson moved that the name of Lohmer be added as an author on H. F. No. 304. The motion prevailed.

Beard moved that the name of Nornes be added as an author on H. F. No. 306. The motion prevailed.

Simonson moved that the name of Persell be added as an author on H. F. No. 308. The motion prevailed.

Atkins moved that the name of Slocum be added as an author on H. F. No. 309. The motion prevailed.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 161

Moran moved that the name of Slocum be added as an author on H. F. No. 310. The motion prevailed.

Benson, J., moved that the name of Slocum be added as an author on H. F. No. 315. The motion prevailed.

McNamar moved that the names of Hansen; Dehn, R., and Slocum be added as authors on H. F. No. 320. The motion prevailed.

Bly moved that the name of Hansen be added as an author on H. F. No. 332. The motion prevailed.

Davnie moved that the name of Moran be added as an author on H. F. No. 333. The motion prevailed.

Bernardy moved that the name of Dehn, R., be added as an author on H. F. No. 334. The motion prevailed.

Bly moved that the name of Hornstein be added as an author on H. F. No. 338. The motion prevailed.

Nelson moved that the name of Slocum be added as an author on H. F. No. 345. The motion prevailed.

Anderson, P., moved that the name of Nornes be added as an author on H. F. No. 349. The motion prevailed.

Davnie moved that the name of Slocum be added as an author on H. F. No. 353. The motion prevailed.

Bly moved that the name of Slocum be added as an author on H. F. No. 355. The motion prevailed.

Mullery moved that the names of Simon and Slocum be added as authors on H. F. No. 357. The motion prevailed.

Slocum moved that the name of Bly be added as an author on H. F. No. 361. The motion prevailed.

Zellers; Benson, M.; Erickson, S.; Woodard; Howe; Dettmer; Torkelson; Franson; Lohmer; Albright; Kiel; Pugh and Johnson, B., introduced:

House Resolution No. 1, A House resolution recognizing February 6, 2013, as "Ronald Reagan Day" in the State of Minnesota.

The resolution was referred to the Committee on Rules and Legislative Administration.

MOTION TO FIX TIME TO CONVENE

Murphy, E., moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 7, 2013. The motion prevailed.

Murphy, E., moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention to hear the address by the Governor. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 162

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

JOINT CONVENTION

The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

Prayer was offered by the Reverend Richard D. Buller, Valley Community Presbyterian Church, Golden Valley, Minnesota.

The roll being called the following Senators answered to their names: Anderson, Bakk and Benson.

Senator Bakk moved that further proceedings of the roll call be dispensed with. The motion prevailed and a quorum was declared present.

The Sergeant at Arms announced the arrival of the Honorable Lorie Skjerven Gildea, Chief Justice of the Supreme Court, and the Honorable Associate Justices of the Supreme Court, and the Honorable Matthew E. Johnson, Chief Judge of the Court of Appeals of the State of Minnesota. They were escorted to the seats reserved for them near the rostrum.

The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota: Mark Ritchie, Secretary of State and Rebecca Otto, State Auditor. The Constitutional Officers were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of the following former Governors: the Honorable Wendell R. Anderson and the Honorable Albert H. Quie. The distinguished guests were escorted to the seats reserved for them.

The Sergeant at Arms announced the arrival of the Honorable Yvonne Prettner Solon, Lieutenant Governor of the State of Minnesota. The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.

The Sergeant at Arms announced the arrival of the Honorable Mark Dayton, Governor of the State of Minnesota, and his official party. The Governor was escorted to the rostrum by the appointed committees.

ADDRESS BY THE GOVERNOR

As President of the Joint Convention, the Honorable Paul Thissen presented the Honorable Mark Dayton, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.

Following the address, Senator Bakk moved that the Joint Convention adjourn. The motion prevailed and the President declared the Joint Convention adjourned.

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 163

RECONVENED

The House reconvened and was called to order by the Speaker.

ADJOURNMENT

Murphy, E., moved that the House adjourn. The motion prevailed and the Speaker declared that the House stands adjourned until 3:00 p.m., Thursday, February 7, 2013.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

Journal of the House - 10th Day - Wednesday, February 6, 2013 - Top of Page 164