Journal of the House - 14th Day - Thursday, February 14, 2013

A quorum was present.

Kresha, Paymar and Slocum were excused.

Mariani and Melin were excused until 3:20 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 294

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Murphy, M., from the Committee on State Government Finance and Veterans Affairs 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; establishing the right not to participate; 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 11, after the period, insert "Pursuant to section 3.97, subdivision 3a, the Legislative Audit Commission is requested to direct the legislative auditor to report by March 1, 2014, to the legislature on any duplication of services that occurs within state government as a result of the creation of the Minnesota Insurance Marketplace. The legislative auditor may make recommendations on consolidating or eliminating any services deemed duplicative. The board shall reimburse the legislative auditor for any costs incurred in the creation of this report."

Page 3, delete lines 15 to 22 and insert:

"(c) All meetings of the board shall comply with the open meeting law in chapter 13D, except that:

(1) meetings, or portions of meetings, regarding compensation negotiations with the director or managerial staff may be closed in the same manner and according to the same procedures identified in section 13D.03;

(2) meetings regarding contract negotiation strategy may be closed in the same manner and according to the same procedures identified in section 13D.05, subdivision 3, paragraph (c); and

(3) meetings, or portions of meetings, regarding not public data described in section 62V.06, subdivision 2, and regarding trade secret information as defined in section 13.37, subdivision 1, paragraph (b), are closed to the public, but must otherwise comply with the procedures identified in chapter 13D."

Page 6, after line 30, insert:

"(e) If the board's policies, procedures, or other statements are rules, as defined in section 14.02, subdivision 4, the following requirements apply:

(1) the board shall publish proposed rules in the State Register;

(2) interested parties have 30 days to comment on the proposed rules. The board must consider comments it receives. After the board has considered all comments, the board shall publish notice in the State Register that the rules have been adopted 30 days before they are to take effect; and

(3) if the adopted rules are the same as the proposed rules, the notice shall state that the rules have been adopted as proposed and shall cite the prior publication. If the adopted rules differ from the proposed rules, the portions of the adopted rules that differ from the proposed rules shall be included in the notice of adoption, together with a citation to the prior State Register that contained the notice of the proposed rules."

Page 6, line 34, before the period, insert ", including related expenditures incurred by other state agencies"

Page 7, line 2, before the period, insert ", including related expenditures incurred by other state agencies"

Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 295

Page 7, line 3, delete "commissioner of management and budget" and insert "board"

Page 7, line 31, after the period, insert "The policies and procedures must require that a person complete at least eight hours of training specific to helping people obtain insurance through the exchange before working as an in-person assister or before working as or on behalf of a navigator directly with people seeking insurance through the exchange."

Page 8, lines 1 and 7, delete "commissioner of management and budget" and insert "board"

Page 9, line 35, delete "and"

Page 10, line 5, delete the period and insert "; and"

Page 10, after line 5, insert:

"(4) establish interagency agreements to transfer funds to other state agencies for their costs related to implementing and operating the Minnesota Insurance Marketplace."

Page 10, line 10, after "establish" insert "an" and delete "committees to provide" and insert "committee consisting of representatives from"

Page 10, line 11, delete everything after "stakeholders" and insert "to provide information and advise the board on"

Page 10, line 12, delete "regarding"

Page 10, delete section 7 and insert:

"Sec. 7. [62V.06] DATA PRACTICES.

Subdivision 1. Applicability. The Minnesota Insurance Marketplace is a state agency for purposes of the Minnesota Government Data Practices Act and is subject to all provisions of chapter 13, in addition to the requirements contained in this section.

Subd. 2. General data classifications. The following data collected, created, or maintained by the Minnesota Insurance Marketplace (Marketplace) are classified as private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9:

(1) data on any individual participant in the Marketplace;

(2) data on employees of an employer participating in the Marketplace; and

(3) data on employers participating in the Marketplace.

Subd. 3. Application and certification data. (a) Data submitted by an insurance producer in an application for certification to sell a health benefit plan through the Marketplace, or submitted by an applicant seeking permission or a commission to act as a navigator or in-person assister, are classified as follows:

(1) at the time the application is submitted, all data contained in the application are private data, as defined in section 13.02, subdivision 12, or nonpublic data as defined in section 13.02, subdivision 9, except that the name of the applicant is public; and

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(2) upon a final determination related to the application for certification by the Marketplace, all data contained in the application are public, with the exception of trade secret data as defined in section 13.37.

(b) Data created or maintained by a government entity as part of the evaluation of an application are protected nonpublic data, as defined in section 13.02, subdivision 13, until a final determination as to certification is made and all rights of appeal have been exhausted. Upon a final determination and exhaustion of all rights of appeal, these data are public, with the exception of trade secret data as defined in section 13.37 and data subject to attorney-client privilege or other protection as provided in section 13.393.

(c) If an application is denied, the public data must include the criteria used by the board to evaluate the application and the specific reasons for the denial, and these data must be published on the Marketplace Web site.

Subd. 4. Data sharing. (a) The Minnesota Insurance Marketplace may share or disseminate data classified as private or nonpublic in subdivisions 2 and 3 as follows:

(1) to the subject of the data, as provided in section 13.04;

(2) with other state or federal agencies, only to the extent necessary to carry out the functions of the Marketplace, provided that the Marketplace must enter into a data-sharing agreement with the agency prior to sharing data under this clause; and

(3) with a nongovernmental person or entity, only to the extent necessary to carry out the functions of the Marketplace, provided that the Marketplace must enter a contract with the person or entity, as provided in section 13.05, subdivision 6 or 11, prior to disseminating data under this clause.

(b) Sharing or disseminating data outside of the exchange in a manner not authorized by this subdivision is prohibited. The list of authorized dissemination and sharing contained in this subdivision must be included in the Tennessen warning required by section 13.04, subdivision 2.

(c) State agencies must share data classified as private or nonpublic in subdivisions 2 and 3 with the Marketplace, to the extent the data is necessary to verify the identity of, determine the eligibility of, process premiums for, process enrollment of, or investigate fraud related to a Marketplace participant. The Marketplace must enter into a data-sharing agreement with the agency prior to sharing any data under this paragraph.

Subd. 5. Notice and disclosures. (a) In addition to the Tennessen warning required by section 13.04, subdivision 2, the Marketplace must provide any data subject asked to supply private data with:

(1) a notice of rights related to the handling of genetic information, pursuant to section 13.386; and

(2) a notice of the records retention policy of the Marketplace, detailing the length of time the Marketplace will retain data on the individual and the manner in which it will be destroyed upon expiration of that time.

(b) All notices required by this subdivision, including the Tennessen warning, must be provided in an electronic format suitable for downloading or printing.

Subd. 6. Summary data. In addition to creation and disclosure of summary data derived from private data on individuals, as permitted by section 13.05, subdivision 7, the Marketplace may create and disclose summary data derived from data classified as nonpublic under this section.

Subd. 7. Access to data; audit trail. (a) Only individuals with explicit authorization from the board may enter, update, or access not public data collected, created, or maintained by the Marketplace. The ability of authorized individuals to enter, update, or access data must be limited through the use of purpose codes that correspond to the

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official duties or training level of the individual, and the statutory authorization that grants access for that purpose. All queries and responses, and all actions in which data are modified, accessed, or disseminated by authorized individuals, must be recorded in a data audit trail. Data contained in the audit trail are public, to the extent that the data are not otherwise classified by this section.

(b) This subdivision shall not limit or affect the authority of the legislative auditor to access data needed to conduct audits, evaluations, or investigations of the Marketplace or the obligation of the board and Marketplace employees to comply with section 3.978, subdivision 2.

Subd. 8. Sale of data prohibited. The Marketplace may not sell any data collected, created, or maintained by the Marketplace, regardless of its classification, for commercial or any other purposes."

Page 11, line 20, before "The" insert "(a)"

Page 11, after line 24, insert:

"(b) The exchange must publish the administrative and operational costs of the exchange on a Web site to educate consumers on those costs. The information published must include the amount of premiums and federal premium subsidies collected by the exchange; the amount and source of revenue received under section 62V.05, subdivision 1, paragraph (b), clause (3); the amount and source of any other fees collected by the exchange for purposes of supporting its operations; and any misuse of funds as identified in accordance with section 3.975. The Web site must be updated at least annually."

Amend the title as follows:

Page 1, line 3, after the second semicolon, insert "specifying open meeting requirements and data practices procedures;"

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.

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

H. F. No. 84, A bill for an act relating to dogs and cats; providing for licensing and inspection of certain dog and cat breeders; authorizing rulemaking; providing penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 347.

Reported the same back with the following amendments:

Page 9, delete section 8

Page 9, line 26, delete "10" and insert "9"

Page 9, line 29, delete "9 to 11" and insert "8 to 10"

Renumber the sections in sequence

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

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A roll call was requested and properly seconded on the adoption of the report from the Committee on Civil Law relating to H. F. No. 84.

The question was taken on the adoption of the report from the Committee on Civil Law relating to H. F. No. 84 and the roll was called. There were 66 yeas and 61 nays as follows:

Those who voted in the affirmative were:

The motion prevailed and the report from the Committee on Civil Law relating to H. F. No. 84 was adopted.

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

H. F. No. 123, A bill for an act relating to transportation; highways; requiring periodic review of property owned or controlled by the department for the purpose of determining surplus; requiring a report; amending Minnesota Statutes 2012, section 161.41, subdivision 1, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 161.44, is amended by adding a subdivision to read:

Subd. 12. Periodic review. (a) The commissioner shall examine all real property owned by the state and under the custodial control of the department, to decide whether any may be declared as surplus and suitable for sale or some other means of disposal.

Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 299

(b) The commissioner shall report on its findings under paragraph (a) to the legislative committees with jurisdiction over transportation policy and finance by March 1 of each odd-numbered year. The report may be submitted electronically, and is subject to section 3.195, subdivision 1.

(c) For purposes of this subdivision, "surplus" means real property no longer needed or necessary for trunk highway purposes, and that has not been used for trunk highway purposes for a period of five years or more."

Delete the title and insert:

"A bill for an act relating to transportation; providing for periodic review of real property owned by the state for purposes of declaring a surplus; requiring a report; amending Minnesota Statutes 2012, section 161.44, by adding a subdivision."

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

The report was adopted.

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

H. F. No. 157, A bill for an act relating to commerce; regulating bullion coin dealers; requiring registration; prohibiting certain conduct; providing enforcement authority and criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 80G.

Reported the same back with the following amendments:

Page 2, delete lines 9 and 10

Page 2, line 11, delete "7" and insert "6"

Page 2, after line 11, insert:

"Subd. 7. Precious metal content. "Precious metal content" means the quantity, measured in grams, of gold, silver, platinum, or other precious metal in a coin and the percentage that the precious metal constitutes of the total weight of the coin."

Page 4, delete lines 8 to 16 and insert:

"Subdivision 1. Surety bond requirement. Every bullion coin dealer shall maintain a current, valid surety bond issued by a surety company admitted to do business in Minnesota in an amount no less than the transactions (purchases from and sales to consumers at retail) during the 12-month period prior to registration. In no event shall the surety bond required under this subdivision be more than $200,000.

Subd. 2. Action on bond permitted. A consumer injured in money or property by a bullion coin dealer's or coin dealer representative's failure to provide bullion coins that the consumer has paid for or failure to remit money or goods owed to the consumer in connection with the consumer's sale of bullion coins may file a claim with the surety and, if the claim is not paid, is authorized to bring an action based on the bond and recover against the surety. The commissioner or attorney general may also file a claim and bring an action on the bond and recover against the surety on behalf of a consumer so injured."

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Page 4, lines 19 and 31, delete "melt value" and insert "precious metal content"

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

The report was adopted.

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

H. F. No. 181, A bill for an act relating to insurance; providing coverage for autism spectrum disorders; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [62A.3094] COVERAGE FOR AUTISM SPECTRUM DISORDERS.

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in paragraphs (b) to (e) have the meanings given.

(b) "Autism spectrum disorders" means the conditions as determined by criteria set forth in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(d) "Medically necessary care" means health care services appropriate, in terms of type, frequency, level, setting, and duration, to the enrollee's condition, and diagnostic testing and preventative services. Medically necessary care must be consistent with generally accepted practice parameters as determined by physicians and licensed psychologists who typically manage patients who have autism spectrum disorders.

(e) "Mental health professional" has the meaning given in section 245.4871, subdivision 27.

Subd. 2. Coverage required. (a) A health plan must provide coverage for the diagnosis, evaluation, assessment, and medically necessary care of autism spectrum disorders, including but not limited to the following:

(1) intensive behavior therapy, including but not limited to applied behavior analysis, intensive early intervention behavior therapy, intensive behavior intervention, and Lovaas therapy;

(2) neuro-developmental and behavioral health treatments and management;

(3) speech therapy;

(4) occupational therapy;

(5) physical therapy; and

(6) medications.

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(b) Coverage required under this section shall include treatment that is in accordance with an individualized treatment plan prescribed by the insured's treating physician or mental health professional.

(c) A health plan may not refuse to renew or reissue, or otherwise terminate or restrict, coverage of an individual solely because the individual is diagnosed with an autism spectrum disorder.

(d) A health plan may request an updated treatment plan only once every six months, unless the health plan and the treating physician or mental health professional agree that a more frequent review is necessary due to emerging circumstances.

Subd. 3. No effect on other law. Nothing in this section limits in any way the coverage required under section 62Q.47.

Subd. 4. State health care programs. This section does not affect benefits available under the medical assistance and MinnesotaCare programs and does not limit, restrict, or otherwise reduce coverage under these programs.

EFFECTIVE DATE. This section is effective August 1, 2013, and applies to coverage offered; issued; sold; renewed; or continued as defined in Minnesota Statutes, section 60A.02, subdivision 2a; on or after that date."

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.

Liebling from the Committee on Health and Human Services Policy to which was referred:

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.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Early Childhood and Youth Development Policy.

The report was adopted.

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

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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 523.20, is amended to read:

523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.

Any party refusing to accept the authority of an attorney-in-fact to exercise a power granted by a power of attorney which (1) is executed in conformity with section 523.23 or a form prepared under section 523.231; (2) contains an acknowledgement that the attorney-in-fact has read and understood the notice required under section 523.23,

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subdivision 1b, and a specimen signature of the attorney-in-fact authorized to act; (3) with regard to the execution or delivery of any recordable instrument relating to real property, is accompanied by affidavits that satisfy the provisions of section 523.17; (4) with regard to any other transaction, is signed by the attorney-in-fact in a manner conforming to section 523.18; and (5) when applicable, is accompanied by an affidavit and any other document required by section 523.16, is liable to the principal and to the principal's heirs, assigns, and representative of the estate of the principal in the same manner as the party would be liable had the party refused to accept the authority of the principal to act on the principal's own behalf unless: (1) the party has actual notice of the revocation of the power of attorney prior to the exercise of the power; (2) the duration of the power of attorney specified in the power of attorney itself has expired; or (3) the party has actual knowledge of the death of the principal or, if the power of attorney is not a durable power of attorney, actual notice of a judicial determination that the principal is legally incompetent. This provision does not negate any liability which a party would have to the principal or to the attorney-in-fact under any other form of power of attorney under the common law or otherwise.

Sec. 2. Minnesota Statutes 2012, section 523.23, subdivision 1, is amended to read:

Subdivision 1. Form. The following form may be used to create a power of attorney, and, when used, it must be construed in accordance with sections 523.23 and 523.24. If this form is used to create a power of attorney, the notices contained in subdivisions 1a and 1b must be incorporated by reference and included as part of the form:

STATUTORY SHORT FORM POWER OF ATTORNEY

MINNESOTA STATUTES, SECTION 523.23

IMPORTANT NOTICE: The powers granted by this document are broad and sweeping. They are defined in Minnesota Statutes, section 523.24. If you have any questions about these powers, obtain competent advice. This power of attorney may be revoked by you if you wish to do so. This power of attorney is automatically terminated if it is to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage. This power of attorney authorizes, but does not require, the attorney-in-fact to act for you.

Before completing and signing this form, the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this form acknowledging having read and understood the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT.

PRINCIPAL (Name and Address of Person Granting the Power)

	……………………………………………………….…
	……………………………………………………….…
	………………………………………………………….

ATTORNEY(S)-IN-FACT	SUCCESSOR ATTORNEY(S)-IN-FACT
(Name and Address)	(Optional) To act if any named attorney-in-fact dies, resigns, or is otherwise unable to serve.
	(Name and Address)
…………………………………………………….	First Successor ……………………………………
………………………………………………….…	…………………………………………………….
…………………………………………………….	…………………………………………………….
…………………………………………………….	Second Successor …………………………………
………………………………………………….....	…………………………………………………….
…………………………………………………….	…………………………………………………….
NOTICE: If more than one attorney-in-fact is designated, make a check or "x" on the line in front of one of the following statements:
Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 303 ... Each attorney-in-fact	EXPIRATION DATE (Optional)
may independently exercise	………………………..	……,	………………
the powers granted.	Use Specific Month	Day	Year Only

... All attorneys-in-fact
must jointly exercise the
powers granted.

I, (the above-named Principal) hereby appoint the above named Attorney(s)-in-Fact to act as my attorney(s)-in-fact:

FIRST: To act for me in any way that I could act with respect to the following matters, as each of them is defined in Minnesota Statutes, section 523.24:

(To grant to the attorney-in-fact any of the following powers, make a check or "x" on the line in front of each power being granted. You may, but need not, cross out each power not granted. Failure to make a check or "x" on the line in front of the power will have the effect of deleting the power unless the line in front of the power of (N) is checked or x-ed.)

….…..	(A)	real property transactions;
		I choose to limit this power to real property in ………..………… County, Minnesota, described as follows:

		(Use legal description. Do not use street address.)
		…………………………………………………………………………………………………….
		…………………………………………………………………………………………………….
		…………………………………………………………………………………………………….
		…………………………………………………………………………………………………….
		(If more space is needed, continue on the back or on an attachment.)

……...	(B)	tangible personal property transactions;
……...	(C)	bond, share, and commodity transactions;
……...	(D)	banking transactions;
……...	(E)	business operating transactions;
……...	(F)	insurance transactions;
……...	(G)	beneficiary transactions;
……...	(H)	gift transactions;
……...	(I)	fiduciary transactions;
……...	(J)	claims and litigation;
……...	(K)	family maintenance;
……...	(L)	benefits from military service;
……...	(M)	records, reports, and statements;
……...	(N)	all of the powers listed in (A) through (M) above and all other financial matters.

SECOND: (You must indicate below whether or not this power of attorney will be effective if you become incapacitated or incompetent. Make a check or "x" on the line in front of the statement that expresses your intent.)

……..	This power of attorney shall continue to be effective if I become incapacitated or incompetent.
……..	This power of attorney shall not be effective if I become incapacitated or incompetent.

THIRD: (You must indicate below whether or not this power of attorney authorizes the attorney-in-fact to transfer your property to the attorney-in-fact. Make a check or "x" on the line in front of the statement that expresses your intent.)

~~Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 304~~

~~……...~~

~~This power of attorney authorizes the attorney-in-fact to transfer my property to the attorney-in-fact.~~

~~……...~~

~~This power of attorney does not authorize the attorney-in-fact to transfer my property to the attorney-in-fact~~.

THIRD: My attorney-in-fact MAY NOT make gifts to the attorney-in-fact, or to anyone the attorney-in-fact is legally obligated to support, UNLESS I have initialed below and written in the name(s) of the attorney(s)-in-fact. Minnesota Statutes, section 523.24, subdivision 8, clause (2), limits the annual gift(s) made to my attorney-in-fact, or to anyone the attorney-in-fact has a legal obligation to support, to an amount not to exceed the applicable federal annual gift exclusion.

……...	I authorize ……………….. (write in name), as my attorney-in-fact, to make gifts to the attorney-in-fact (or to anyone the attorney-in-fact has a legal obligation to support).
……...	I authorize ……………….. (write in name), as my attorney-in-fact, to make gifts to the attorney-in-fact (or to anyone the attorney-in-fact has a legal obligation to support).

FOURTH: (You may indicate below whether or not the attorney-in-fact is required to make an accounting. Make a check or "x" on the line in front of the statement that expresses your intent.)

……..	My attorney-in-fact need not render an accounting unless I request it or the accounting is otherwise required by Minnesota Statutes, section 523.21 .

……..	My attorney-in-fact must render ………………………………………………………………………………
		(Monthly, Quarterly, Annual)

	accountings to me or ………………………………………………………………………………………….
		(Name and Address)

	during my lifetime, and a final accounting to the personal representative of my estate, if any is appointed, after my death.

In Witness Whereof I have hereunto signed my name this ………… day of…………, …………..

	……………………………………………………………
	(Signature of Principal)
(Acknowledgment of Principal)

STATE OF MINNESOTA	)
	) ss.
COUNTY OF	)

The foregoing instrument was acknowledged before me this ..... day of .........., ........, by ………………………...
		(Insert Name of Principal)
		………...………………………………………………….
		(Signature of Notary Public or other Official)

Acknowledgement of notice to attorney(s)-in-fact and specimen signature of attorney(s)-in-fact.

By signing below, I acknowledge I have read and understand the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT required by Minnesota Statutes, section 523.23, subdivision 1b, and understand and accept the scope of any limitations to the powers and duties delegated to me by this instrument.
		(Notarization not required)
		…………………………………………………………….
		………………………………………………………..,….
Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 305 This instrument was drafted by:		Specimen Signature of Attorney(s)-in-Fact
		(Notarization not required)
…………………………………………………….		………………………………………………………….....
…………………………………………………….		…………………………………………………………….
…………………………………………………….		…………………………………………………………….
…………………………………………………….		……………………………………………………………

Sec. 3. Minnesota Statutes 2012, section 523.23, is amended by adding a subdivision to read:

Subd. 1a. Notice to principal. The following verbatim notice must be included as part of this statutory short form power of attorney:

STATUTORY SHORT FORM POWER OF ATTORNEY

MINNESOTA STATUTES, SECTION 523.23

IMPORTANT NOTICE TO THE PRINCIPAL

(This notice is incorporated by reference and is included as a part of this statutory short form power of attorney.)

READ THIS NOTICE CAREFULLY. The power of attorney form that you will be signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is anything about this form that you do not understand, you should seek legal advice.

PURPOSE: The purpose of the power of attorney is for you, the principal, to give broad and sweeping powers to your attorney(s)-in-fact, who is the person or authorized corporation you designate to handle your financial affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers you designate to them in the power of attorney form binds you, your heirs and assigns, and the representative of your estate in the same manner as though you took the action yourself.

POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into transactions relating to any of your real or personal property, even without your consent or any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not supervised. This power of attorney does not grant any of the powers designated by a health care directive which are governed by Minnesota Statutes, chapter 145C.

DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep complete records of all transactions entered into on your behalf. You may request that your attorney(s)-in-fact provide you or someone else that you designate a periodic accounting, which is a written statement that gives reasonable notice of all transactions entered into on your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney(s)-in-fact reimburses himself or herself for any expenditure made on behalf of you.

An attorney-in-fact is personally liable to any person, including you, who is injured by an action taken by the attorney-in-fact in bad faith under the power of attorney or by the failure of an attorney-in-fact to account when the attorney-in-fact has a duty to account under this section. The attorney(s)-in-fact must act with your interest utmost in mind.

TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers throughout your lifetime, both before and after you become incapacitated. However, a court can take away the powers of your attorney(s)-in-fact because of improper acts. You may also revoke this power of attorney if you wish. This power of attorney is automatically terminated if the power is granted to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage.

This power of attorney authorizes, but does not require, the attorney(s)-in-fact to act for you. You are not required to sign this power of attorney, but it will not take effect without your signature. You should not sign this power of attorney if you do not understand everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it.

Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 306

Please place your initials on the following line indicating you have read this IMPORTANT NOTICE TO THE PRINCIPAL: .......

Sec. 4. Minnesota Statutes 2012, section 523.23, is amended by adding a subdivision to read:

Subd. 1b. Notice to attorney(s)-in-fact. The following verbatim notice must be included as a part of this statutory short form power of attorney:

STATUTORY SHORT FORM POWER OF ATTORNEY

MINNESOTA STATUTES, SECTION 523.23

IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT

(This notice is incorporated by reference and is included as part of the statutory short form power of attorney.)

You have been nominated by the principal to act as attorney-in-fact. You are under no duty to exercise the authority granted by the power of attorney. However, when you do exercise any power conferred by the power of attorney, you must:

(1) act with the interests of the principal utmost in mind;

(2) exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs;

(3) render accountings as directed by the principal or whenever you reimburse yourself for expenditures made on behalf of the principal;

(4) act in good faith for the best interests of the principal, using due care, competence, and diligence;

(5) cease acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney, such as revocation by the principal of the power of attorney, the death of the principal, your legal separation from the principal, or the dissolution of your marriage to the principal;

(6) disclose your identity as an attorney-in-fact whenever you act for the principal by signing in the following manner:

Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of the principal) by (name of the attorney-in-fact) the principal's attorney-in-fact"

(7) acknowledge you have read and understood this IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT by signing the power of attorney form.

You are personally liable to any person, including the principal, who is injured by an action taken by you in bad faith under the power of attorney or by your failure to account when the duty to account has arisen.

The meaning of the powers granted to you is contained in Minnesota Statutes, chapter 523. If there is anything about this document or your duties that you do not understand, you should seek legal advice from an attorney.

Sec. 5. Minnesota Statutes 2012, section 523.24, subdivision 8, is amended to read:

Subd. 8. Gift transactions. In the statutory short form power of attorney, the language conferring general authority with respect to gift transactions, means that the principal authorizes the attorney-in-fact:

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(1) to make gifts to organizations, whether charitable or otherwise, to which the principal has made gifts, and to satisfy pledges made to organizations by the principal;

(2) to make gifts on behalf of the principal to the principal's spouse, children, and other descendants or the spouse of any child or other descendant, and, if authorized by the principal in part Third, to the attorney-in-fact, either outright or in trust, for purposes which the attorney-in-fact deems to be in the best interest of the principal, specifically including minimization of income, estate, inheritance, or gift taxes, provided that, notwithstanding that the principal in part Third may have authorized the attorney-in-fact to transfer the principal's property to the attorney-in-fact, no attorney-in-fact nor anyone the attorney-in-fact has a legal obligation to support may be the recipient of any gifts in any one calendar year which, in the aggregate, exceed ~~$10,000 in value~~ the then applicable federal annual gift exclusion amount to each recipient;

(3) to prepare, execute, consent to on behalf of the principal, and file any return, report, declaration, or other document required by the laws of the United States, any state or subdivision of a state, or any foreign government, which the attorney-in-fact deems to be desirable or necessary with respect to any gift made under the authority of this subdivision;

(4) to execute, acknowledge, seal, and deliver any deed, assignment, agreement, authorization, check, or other instrument which the attorney-in-fact deems useful for the accomplishment of any of the purposes enumerated in this subdivision;

(5) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to any claim existing in favor of or against the principal based on or involving any gift transaction or to intervene in any related action or proceeding;

(6) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any of the powers described in this subdivision, and for the keeping of needed records; and

(7) in general, and in addition to but not in contravention of all the specific acts listed in this subdivision, to do any other acts which the attorney-in-fact deems desirable or necessary to complete any gift on behalf of the principal.

All powers described in this subdivision are exercisable equally with respect to a gift of any property in which the principal is interested at the giving of the power of attorney or becomes interested after that time, and whether located in the state of Minnesota or elsewhere.

Sec. 6. Minnesota Statutes 2012, section 523.24, subdivision 14, is amended to read:

Subd. 14. All other financial matters. In a statutory short form power of attorney, the language conferring general authority with respect to all other matters, means that the principal authorizes the attorney-in-fact to act as an alter ego of the principal with respect to any and all possible matters ~~and affairs affecting property owned by~~ affecting the financial affairs of the principal which are not enumerated in subdivisions 1 to 13, and which the principal can do through an agent.

Sec. 7. [523.26] JUDICIAL RELIEF.

The principal or any interested person, as defined in section 524.5-102, subdivision 7, may petition the court for a protective order directing the attorney(s)-in-fact to provide an accounting, on a schedule directed by the court, or for any other relief as provided in sections 524.5-401 to 524.5-502. The principal or a person named by the principal in the power of attorney to receive accountings is entitled to recover reasonable attorney fees and costs if the court finds that the attorney(s)-in-fact failed to render an accounting to the principal or any person named by the principal in the power of attorney form to receive accountings after the principal had requested an accounting.

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Sec. 8. EFFECTIVE DATE.

Sections 1 to 6 are effective August 1, 2013, and apply to powers of attorney executed on or after that date. Section 7 is effective August 1, 2013, and applies to powers of attorney executed before, on, or after that date."

Amend the title as follows:

Page 1, line 3, after "relief;" insert "modifying gift transaction amount;"

Correct the title numbers accordingly

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.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 296, A bill for an act relating to human services; providing an exception to the drug formulary; extending case management services for young adults with severe emotional disturbance; appropriating money for various mental health services and training; amending Minnesota Statutes 2012, sections 62Q.527, subdivision 4; 245.4881, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Early Childhood and Youth Development Policy.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 328, A bill for an act relating to health; amending the duties and reporting dates for an existing task force on prematurity; amending Laws 2011, First Special Session chapter 9, article 2, section 27.

Reported the same back with the following amendments:

Page 2, line 12, delete "and"

Page 2, line 14, reinstate the semicolon and delete the period and insert "and"

Page 2, delete lines 21 and 22 and insert:

"~~(7)~~ (4) a review of the potential improvements in health status related to the use of health care homes to provide and coordinate pregnancy-related services~~; and~~."

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

The report was adopted.

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Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 353, A bill for an act relating to children's mental health; appropriating funds for children's school-based mental health grants.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Early Childhood and Youth Development Policy.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 358, A bill for an act relating to human services; requiring annual reviews of pediatric and children's mental health providers; establishing new mental health services covered under medical assistance; amending Minnesota Statutes 2012, sections 256B.02, subdivision 12; 256B.0625, subdivision 56, by adding subdivisions; 256B.0943, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 256B.

Reported the same back with the following amendments:

Page 1, delete section 2

Page 2, lines 27 and 33, delete "support" and insert "specialist"

Page 2, lines 30 and 31, delete "support"

Page 3, line 10, delete "support counseling" and insert "specialist services"

Page 3, after line 10, insert:

"Sec. 3. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:

Subd. 35c. School-based mental health services. Medical assistance covers mental health services provided in a school by an individual licensed as a professional counselor under sections 148B.50 to 148B.593 when the licensed professional counselor is supervised by a licensed mental health professional."

Page 8, line 18, delete "and"

Page 8, line 19, delete the period and insert "; and"

Page 8, after line 19, insert:

"(10) services provided by a certified family peer specialist under section 256B.0616."

Page 8, after line 21, insert:

"Sec. 8. PILOT PROVIDER INPUT SURVEY.

(a) To assess the efficiency and other operational issues in the management of the health care delivery system, the commissioner of human services shall initiate a provider survey. The pilot survey shall consist of an electronic survey of providers of pediatric services and children's mental health services to identify and measure issues that arise in dealing with the management of medical assistance. To the maximum degree possible existing technology shall be used and interns sought to analyze the results.

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(b) The survey questions must focus on seven key business functions provided by medical assistance contractors: provider inquiries; provider outreach and education; claims processing; appeals; provider enrollment; medical review; and provider audit and reimbursement. The commissioner must consider the results of the survey in evaluating and renewing managed care and fee-for-service management contracts.

(c) The commissioner shall report the results of the survey to the chairs of the health and human services policy and finance committees and shall make recommendations on the value of implementing an annual survey with a rotating list of provider groups as a component of the continuous quality improvement system for medical assistance."

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to human services; requiring an electronic survey of providers of pediatric services and children's mental health services; establishing new mental health services covered under medical assistance; amending Minnesota Statutes 2012, sections 256B.02, subdivision 12; 256B.0625, subdivision 56, by adding subdivisions; 256B.0943, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 256B."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Early Childhood and Youth Development Policy.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 359, A bill for an act relating to human services; modifying case management services; appropriating money for children's mental health awareness, training, and services; amending Minnesota Statutes 2012, section 245.4881, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Early Childhood and Youth Development Policy.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 483, A bill for an act relating to health; requiring screening of newborns for critical congenital heart disease; proposing coding for new law in Minnesota Statutes, chapter 144.

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

The report was adopted.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Nelson and Mahoney introduced:

H. F. No. 572, A bill for an act relating to labor and industry; allowing the commissioner of labor and industry to issue compliance orders for violations of misrepresentations of employment relationships; amending Minnesota Statutes 2012, section 177.27, subdivision 4.

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

Ward, J.E.; Atkins; Davids; Huntley; Abeler; Gunther; Urdahl; Carlson; Hilstrom; Mahoney; Marquart; Faust; Newton; Morgan; Murphy, M.; Hortman; McNamar; Anzelc; Persell; Fritz; Sawatzky; Erickson, R.; Nelson; Bernardy; Murphy, E.; Isaacson; Johnson, S.; Hansen; Laine; Metsa; Masin; Hornstein; Mariani; Liebling and Cornish introduced:

H. F. No. 573, A bill for an act relating to insurance; regulating the public employees insurance program; requiring participation by certain school employers; amending Minnesota Statutes 2012, section 43A.316, subdivisions 2, 4, 5, by adding subdivisions.

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

Hamilton and Schomacker introduced:

H. F. No. 574, A bill for an act relating to capital investment; reauthorizing the appropriation of money for the Worthington bioscience development project; amending Laws 2005, chapter 20, article 1, section 23, subdivision 12, as amended.

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

Nornes introduced:

H. F. No. 575, A bill for an act relating to electrical licensing; providing an exemption from licensing for certain radio station employees; amending Minnesota Statutes 2012, section 326B.33, subdivision 7.

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

Bernardy and Winkler introduced:

H. F. No. 576, A bill for an act relating to state government; authorizing the secretary of state to solicit funds for certain uses; proposing coding for new law in Minnesota Statutes, chapters 5; 5B.

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

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Radinovich; Mahoney; Isaacson; Uglem; Persell; Selcer; Lien; Abeler; Rosenthal; Simon; Runbeck; Ward, J.E., and Quam introduced:

H. F. No. 577, A bill for an act relating to unemployment insurance; reducing employer tax rates.

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

Isaacson, O'Driscoll, Sundin and Johnson, S., introduced:

H. F. No. 578, A bill for an act relating to labor and industry; making housekeeping changes related to construction codes and licensing, and combative sports; amending Minnesota Statutes 2012, sections 116J.70, subdivision 2a; 326B.081, subdivision 3; 326B.082, subdivision 11; 326B.093, subdivision 4; 326B.101; 326B.103, subdivision 11; 326B.121, subdivision 1; 326B.31, by adding a subdivision; 326B.43, subdivision 2; 326B.89, subdivision 1; 341.21, subdivision 3a; 341.221; 341.27; 341.29; 341.30, subdivision 4; 341.32, subdivision 2; repealing Minnesota Statutes 2012, section 326B.978, subdivision 4.

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

Hortman, Newton, Persell, Faust, Uglem and Erickson, R., introduced:

H. F. No. 579, A bill for an act relating to education; providing property tax relief; increasing and indexing equalization levies; amending Minnesota Statutes 2012, sections 123B.53, subdivision 5; 126C.10, subdivisions 29, 32; 126C.17, subdivision 6, by adding a subdivision.

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

Simon introduced:

H. F. No. 580, A bill for an act relating to state government; regulating data protection for victims of violence; amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04; 5B.05; 5B.10, by adding a subdivision.

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

Hansen, Hausman, Isaacson, Schoen, Freiberg, Halverson, Loon and Wills introduced:

H. F. No. 581, A bill for an act relating to clean water; authorizing use of the clean water fund to support local inflow and infiltration reduction programs; appropriating money; amending Minnesota Statutes 2012, section 114D.50, subdivision 3.

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

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McNamar, Hamilton, Dill, Howe and Sawatzky introduced:

H. F. No. 582, A bill for an act relating to health; requiring accreditation of advanced diagnostic imaging services operating in the state; amending Minnesota Statutes 2012, section 144.1225, subdivision 2.

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

Yarusso introduced:

H. F. No. 583, A bill for an act relating to natural resources; modifying authority of Board of Water and Soil Resources; amending Minnesota Statutes 2012, section 103B.101, by adding a subdivision.

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

Hortman and Holberg introduced:

H. F. No. 584, A bill for an act relating to data practices; classifying certain data collected from or provided by applicants, users, and customers of transit services in the metropolitan area; amending Minnesota Statutes 2012, section 13.72, subdivision 10, by adding a subdivision.

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

Dill introduced:

H. F. No. 585, A bill for an act relating to game and fish; requiring ground blinds to display blaze orange during the firearms deer season; amending Minnesota Statutes 2012, section 97B.071.

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

Poppe introduced:

H. F. No. 586, A bill for an act relating to capital investment; appropriating money for the Shooting Star State Trail; 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.

Falk, Torkelson, Gruenhagen, Urdahl, Hausman, Mahoney, Swedzinski, Leidiger, Erhardt and Hamilton introduced:

H. F. No. 587, A bill for an act relating to capital investment; appropriating money to the Minnesota Valley Regional Rail Authority; authorizing sale and issuance of general obligation bonds.

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

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Atkins, Fritz, Abeler, Anzelc and Metsa introduced:

H. F. No. 588, A bill for an act relating to health; requiring hospitals to provide staffing at levels consistent with nationally accepted standards; requiring reporting of staffing levels; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Kahn, Huntley, Norton, Holberg and Liebling introduced:

H. F. No. 589, A bill for an act relating to health; making changes to genetic information provisions; amending Minnesota Statutes 2012, sections 13.386, subdivision 3; 144.966, subdivision 3, by adding a subdivision; 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.

Hilstrom introduced:

H. F. No. 590, A bill for an act relating to crime; prescribing criminal penalties for assaulting a transit operator; amending Minnesota Statutes 2012, section 609.2231, by adding a subdivision.

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

Sanders and Simon introduced:

H. F. No. 591, A bill for an act relating to elections; modifying procedures related to vacancies in nomination for partisan office; appropriating money; amending Minnesota Statutes 2012, sections 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204D.19, by adding a subdivision; repealing Minnesota Statutes 2012, sections 204B.12, subdivision 2a; 204B.13, subdivision 6.

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

Winkler; Paymar; Freiberg; Murphy, E.; Mariani and Anzelc introduced:

H. F. No. 592, A bill for an act relating to education finance; authorizing the Perpich Center for Arts Education to operate a voluntary integration magnet school; transferring staff and facilities; modifying funding formulas; appropriating money; amending Minnesota Statutes 2012, section 129C.10, subdivision 3, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 129C.

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

Nornes and Kiel introduced:

H. F. No. 593, A bill for an act relating to labor standards; modifying the definition of employment; amending Minnesota Statutes 2012, section 177.23, subdivision 7.

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

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Torkelson, Brynaert, Hamilton, Urdahl, O'Driscoll and Zellers introduced:

H. F. No. 594, A bill for an act relating to license plates; establishing "Breast Cancer Research" plates; proposing coding for new law in Minnesota Statutes, chapter 168.

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

Poppe, Torkelson, Swedzinski and McNamar introduced:

H. F. No. 595, A bill for an act relating to natural resources; establishing a honey bee habitat program; allowing honey bee habitat projects on lands under certain conservation easements; amending Minnesota Statutes 2012, section 103F.515, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Bernardy, Hornstein, Erhardt, Selcer, Abeler and Sundin introduced:

H. F. No. 596, A bill for an act relating to transportation; specifying minimum funding for alternative transportation; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Myhra and Davids introduced:

H. F. No. 597, A bill for an act relating to the city of Savage; providing tax increment financing authority.

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

Newton, Uglem and Ward, J.E., introduced:

H. F. No. 598, A bill for an act relating to game and fish; limiting those allowed to kill a dog pursuing big game; amending Minnesota Statutes 2012, section 97B.011.

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

Winkler, Mullery, Sundin, Anzelc, Hausman, Hansen, Metsa, Hornstein, Davnie, Melin, Schoen and Fritz introduced:

H. F. No. 599, A bill for an act relating to jobs; modifying the minimum wage; amending Minnesota Statutes 2012, section 177.24, subdivision 1.

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

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Mahoney, Metsa, Hornstein, Isaacson, Davnie, Mullery, Masin, Melin, Schoen, Loeffler and Fritz introduced:

H. F. No. 600, A bill for an act relating to employment; prohibiting employment discrimination based on credit history; amending Minnesota Statutes 2012, section 363A.08, subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Atkins; Johnson, S.; Sundin; Anzelc; Hausman; Hansen; Metsa; Hornstein; Isaacson; Davnie; Mullery; Melin; Schoen; Loeffler and Fritz introduced:

H. F. No. 601, A bill for an act relating to labor; restricting public subsidies for certain organizations that engage in lockouts; imposing penalties; amending Minnesota Statutes 2012, section 268.184, subdivision 1.

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

Atkins; Winkler; Sundin; Anzelc; Nelson; Hausman; Hansen; Metsa; Hornstein; Isaacson; Davnie; Mullery; Murphy, E.; Melin; Schoen; Loeffler and Fritz introduced:

H. F. No. 602, A bill for an act relating to unemployment insurance; modifying eligibility for additional benefits; amending Minnesota Statutes 2012, sections 268.125, subdivisions 1, 3, 4, 5, by adding a subdivision; 268.184, subdivision 1.

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

Savick and Poppe introduced:

H. F. No. 603, A bill for an act relating to capital investment; appropriating money for the Blazing Star State Trail; 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.

Myhra, Holberg, Drazkowski, Scott, Cornish, Franson and Morgan introduced:

H. F. No. 604, A bill for an act relating to data practices; modifying certain provisions related to disclosure of personnel data; amending Minnesota Statutes 2012, section 13.43, subdivision 2.

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

Winkler, Abeler, Atkins, Hortman and Selcer introduced:

H. F. No. 605, A bill for an act relating to public health; protecting children from exposure to harmful chemicals in products; amending criteria for identification of priority chemicals; requiring disclosure by manufacturers of children's products that contain harmful chemicals; authorizing Pollution Control Agency to prohibit sales of children's products that contain harmful chemicals; providing waiver process; establishing fees; requiring a report; amending Minnesota Statutes 2012, sections 13.7411, subdivision 8; 116.9401; 116.9403; 116.9405; 116.9406; proposing coding for new law in Minnesota Statutes, chapter 116.

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

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Dehn, R.; Hornstein; Newton and Nelson introduced:

H. F. No. 606, A bill for an act relating to tax increment financing; reenacting and modifying compact development district authority; amending Minnesota Statutes 2012, sections 469.174, subdivisions 10c, 14, by adding a subdivision; 469.176, subdivisions 1i, 4g; repealing Minnesota Statutes 2012, section 469.175, subdivision 2b.

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

Morgan, Moran, Fritz, Abeler and Barrett introduced:

H. F. No. 607, A bill for an act relating to health; changing provisions for optometrists; amending Minnesota Statutes 2012, section 148.56, subdivision 1, by adding a subdivision.

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

Lohmer introduced:

H. F. No. 608, A bill for an act relating to tax increment financing; providing a two-year extension of the temporary authority to stimulate construction; amending Minnesota Statutes 2012, section 469.176, subdivision 4m.

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

Kahn, Atkins and Sundin introduced:

H. F. No. 609, A bill for an act relating to taxes; individual income; providing a refundable credit for payment of principal and interest on student loans; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Carlson and Winkler introduced:

H. F. No. 610, A bill for an act relating to taxes; individual income; providing a credit for contributions to fund scholarships for higher education; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Johnson, B.; Newberger and Green introduced:

H. F. No. 611, A bill for an act relating to employment; prohibiting employers from requiring social network passwords as a condition of employment; amending Minnesota Statutes 2012, section 181.53.

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

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Johnson, B.; Newberger and Green introduced:

H. F. No. 612, A bill for an act relating to public safety; prohibiting law enforcement agencies from using drones to gather evidence in certain circumstances; authorizing civil actions; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Hansen and Dill introduced:

H. F. No. 613, A bill for an act relating to waters; modifying authority of Board of Water and Soil Resources; modifying local levy authority; modifying disposition of certain funds; modifying soil loss ordinance provisions; amending Minnesota Statutes 2012, sections 103B.101, by adding a subdivision; 103B.335; 103B.3369, subdivision 5; 103C.501, subdivision 4; 103F.405, subdivision 1.

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

Hansen and Dill introduced:

H. F. No. 614, A bill for an act relating to water; modifying performance review requirements for local water management; amending Minnesota Statutes 2012, section 103B.102, subdivision 3.

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

Ward, J.A.; Fischer; Johnson, S.; Hansen; Radinovich; Hausman; Lillie and Wagenius introduced:

H. F. No. 615, A bill for an act relating to capital investment; appropriating money for Reinvest in Minnesota (RIM) Conservation Reserve; 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.

Falk, Torkelson, Swedzinski, Hamilton and Schomacker introduced:

H. F. No. 616, A bill for an act relating to capital investment; appropriating money for Area II floodwater retention system grants; 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.

Hornstein introduced:

H. F. No. 617, A bill for an act relating to tax increment financing; authorizing transit improvement districts; amending Minnesota Statutes 2012, sections 469.174, subdivision 14, by adding a subdivision; 469.175, subdivision 3; 469.176, subdivision 1b, by adding a subdivision.

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

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Nelson and Murphy, M., introduced:

H. F. No. 618, A bill for an act relating to retirement; Public Employees Retirement Association plans; modifying the trigger for increasing or lowering annual postretirement adjustments for all plans; modifying duty disability definitions and clarifying disability application requirements for the public employees police and fire and local government correctional retirement plans; revising vesting, increasing plan employee and employer contributions, increasing the reduction for early retirement clarifying survivor benefit provisions, and delaying the first annual postretirement adjustment for the public employees police and fire retirement plan; amending Minnesota Statutes 2012, sections 353.01, subdivisions 41, 47; 353.031, subdivision 4; 353.65, subdivisions 2, 3; 353.651, subdivisions 3, 4; 353.657, subdivisions 2a, 3a; 353E.001, subdivision 1; 356.415, subdivisions 1b, 1c.

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

Abeler, Allen, Huntley, Davnie and Brynaert introduced:

H. F. No. 619, A bill for an act relating to human services; modifying medical assistance payment procedures for multiple services provided on the same day; modifying the health care home certification process for federally qualified health centers; amending Minnesota Statutes 2012, sections 256B.0625, by adding a subdivision; 256B.0751, subdivision 4.

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

Kahn; Norton; Brynaert; Benson, M., and Clark introduced:

H. F. No. 620, A bill for an act relating to workforce development; appropriating money for a grant to the African Development Center for job training.

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

Winkler introduced:

H. F. No. 621, A bill for an act relating to state government; specifying certain data on individuals with disabilities as private data; amending Minnesota Statutes 2012, section 13.64, subdivision 2.

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

Marquart; Woodard; Dehn, R.; Radinovich; Ward, J.A.; Selcer; Clark; Bly and Davnie introduced:

H. F. No. 622, A bill for an act relating to youth; establishing the Minnesota Youth Council Committee; proposing coding for new law as Minnesota Statutes, chapter 16F.

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

Journal of the House - 14th Day - Thursday, February 14, 2013 - Top of Page 320

Melin, Metsa, Dill, Atkins, Hornstein and Clark introduced:

H. F. No. 623, A bill for an act relating to energy; regulating a biomass mandate project; amending Minnesota Statutes 2012, section 216B.2424, subdivision 5a.

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

Rosenthal, Erhardt and Dettmer introduced:

H. F. No. 624, A bill for an act relating to redistricting; adjusting the house of representatives district boundaries within senate district 49; repealing an obsolete district description; proposing coding for new law in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2012, section 2.484.

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

Marquart, McNamar and Ward, J.E., introduced:

H. F. No. 625, A bill for an act relating to capital investment; appropriating money for the Heartland State Trail; 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.

Lesch, Davids, Lillie, Hausman, Melin, Metsa, Kahn, Hornstein and Simon introduced:

H. F. No. 626, A bill for an act relating to economic development; appropriating money for the Minnesota Film and TV Board; amending Minnesota Statutes 2012, section 116U.26.

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

Bly and Mariani introduced:

H. F. No. 627, A bill for an act relating to education; prohibiting participants in the national school lunch program from discriminating against eligible children; amending Minnesota Statutes 2012, sections 123B.37, subdivision 2; 124D.111, by adding a subdivision.

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

Murphy, M., and Nelson introduced:

H. F. No. 628, A bill for an act relating to retirement; Minnesota State Retirement System plans; clarifying language; removing obsolete language; revising outdated requirements; revising contribution rate revision procedures; revising disability standards and disability benefit administration procedures; merging the elected state officers retirement plan into the legislators retirement plan; revising pension commission standards provision; revising pension plan financial report contents provision; amending Minnesota Statutes 2012, sections 3.85,

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subdivision 10; 3A.011; 3A.03, subdivision 3; 3A.07; 3A.115; 3A.13; 3A.15; 352.01, subdivision 17b; 352.03, subdivision 8; 352.045, by adding subdivisions; 352.113, subdivisions 4, 6, 8, by adding subdivisions; 352.22, subdivision 3; 352.955, subdivisions 1, 3; 352B.011, subdivision 13; 352B.10, by adding a subdivision; 352D.04, subdivision 2; 356.20, subdivision 4; 356.214, subdivision 1; 356.215, subdivision 8; 356.30, subdivision 3; 356.401, subdivision 3; 356.415, subdivisions 1a, 2; proposing coding for new law in Minnesota Statutes, chapter 3A; repealing Minnesota Statutes 2012, sections 3A.02, subdivision 3; 352.045, subdivisions 3, 4; 352.955, subdivision 2; 352C.001; 352C.091, subdivision 1; 352C.10.

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

Murphy, M.; Nelson and Benson, M., introduced:

H. F. No. 629, A bill for an act relating to retirement; former local police and paid fire relief associations; revising and repealing various statutes to reflect the recent mergers of local police and salaried firefighter relief associations and consolidation accounts with the public employees police and fire retirement plan; amending Minnesota Statutes 2012, sections 6.495, subdivisions 1, 3; 6.67; 13D.01, subdivision 1; 69.011, subdivisions 1, 2, 3, 4; 69.021, subdivisions 1, 2, 3, 4, 5, 7, 7a, 8, 9, 10, 11; 69.031, subdivisions 1, 3, 5; 69.041; 69.051, subdivisions 1, 1a, 1b, 2, 3, 4; 69.33; 69.77, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 69.771, subdivision 1; 69.80; 275.70, subdivision 5; 297I.10, subdivision 1; 345.381; 353.01, subdivisions 2a, 2b, 6, 10, 16; 353.64, subdivision 1a; 353.659; 353.665, subdivisions 1, 5, 8; 353.71, subdivision 1; 356.20, subdivision 2; 356.215, subdivision 18; 356.216; 356.219, subdivisions 1, 2, 8; 356.406, subdivision 1; 356A.01, subdivision 19; 356A.06, subdivision 4; 356A.07, subdivision 2; 423A.02, subdivisions 1, 1b, 2, 3, 3a, 4, 5; 424A.001, subdivision 4; 424A.02, subdivision 9; 475.52, subdivision 6; repealing Minnesota Statutes 2012, sections 69.021, subdivision 6; 353.64, subdivision 3; 353.665, subdivisions 2, 3, 4, 6, 7, 9, 10; 353.667; 353.668; 353.669; 353.6691; 353A.01; 353A.02; 353A.03; 353A.04; 353A.05; 353A.06; 353A.07; 353A.08; 353A.081; 353A.083; 353A.09; 353A.10; 353B.01; 353B.02; 353B.03; 353B.04; 353B.05; 353B.06; 353B.07; 353B.08; 353B.09; 353B.10; 353B.11; 353B.12; 353B.13; 353B.14; 423A.01; 423A.02, subdivision 1a; 423A.04; 423A.05; 423A.07; 423A.10; 423A.11; 423A.12; 423A.13; 423A.14; 423A.15; 423A.16; 423A.17; 423A.171; 423A.18; 423A.19; 423A.20; 423A.21; 423A.22.

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

Marquart introduced:

H. F. No. 630, A bill for an act relating to education; providing funding for early childhood and family, prekindergarten through grade 12, and adult education, including general education, education excellence, special programs, facilities and technology, nutrition, accounting, libraries, early childhood education, prevention, self-sufficiency and lifelong learning, and state agencies; appropriating money; amending Minnesota Statutes 2012, sections 120A.20, subdivision 1; 123A.73, subdivisions 3, 4, 5; 123B.42, subdivision 3; 123B.54; 123B.57, subdivision 4; 123B.59, subdivision 6; 123B.591, subdivisions 2, 3; 123B.75, subdivision 5; 123B.92, subdivisions 1, 9; 124D.02, subdivision 1; 124D.10, subdivisions 15, 17; 124D.11, subdivisions 1, 2, 4, 5; 124D.119; 124D.128, subdivision 2; 124D.4531, subdivision 1; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.86; 124D.98; 125A.11, subdivision 1; 125A.76, subdivisions 1, 4a, 8, by adding subdivisions; 125A.78, subdivision 2; 125A.79, subdivisions 1, 5, 8; 125B.26, subdivision 4; 126C.05, subdivisions 1, 5, 6; 126C.10, subdivisions 1, 2, 2c, 3, 7, 8, 13, 13a, 17, 18, 24, 27, 29, 31, 32, 35, by adding subdivisions; 126C.12, subdivision 1; 126C.13, subdivisions 4, 5; 126C.15, subdivision 2; 126C.17; 126C.20; 126C.40, subdivisions 1, 6; 126C.44; 127A.441; 127A.45, subdivisions 2, 13; 127A.47, subdivisions 7, 8; 127A.51; Laws 2011, First Special Session chapter 11, article 2, section 51; proposing coding for new law in Minnesota Statutes, chapters 121A; 123A; 124D; repealing Minnesota Statutes 2012, sections 120B.08; 120B.09; 124D.454, subdivisions 3, 10, 11; 124D.86, subdivision 6; 124D.98, subdivision 2; 125A.76, subdivisions 2, 4, 5, 7; 125A.79, subdivisions 6, 7; 126C.10, subdivisions 2a, 2b, 25, 26, 28, 31a, 31b, 31c; 126C.17, subdivision 13; 127A.50, subdivisions 1, 5.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

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MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

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 a subdivision; 256B.055, by adding a subdivision; 256B.056, subdivisions 1a, 3c, 4.

JoAnne M. Zoff, Secretary of the Senate

CALENDAR FOR THE DAY

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 third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 5 nays as follows:

Those who voted in the affirmative were: