STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTIETH
DAY
Saint Paul, Minnesota, Monday, May 6, 2013
The House of Representatives convened at
12:00 noon and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Gary
Dreier, Christ Lutheran Church on Capitol Hill, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Barrett was excused.
Erhardt was excused until 2:25 p.m. Kiel was excused until 6:30 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 17 and
H. F. No. 276, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dehn, R., moved that the rules be so far
suspended that S. F. No. 17 be substituted for H. F. No. 276
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 340 and
H. F. No. 368, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Mahoney moved that
S. F. No. 340 be substituted for H. F. No. 368
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1564 and
H. F. No. 1684, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Nelson moved that the rules be so far
suspended that S. F. No. 1564 be substituted for
H. F. No. 1684 and that the House File be indefinitely
postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Paul Thissen
Speaker of the House of
Representatives
The Honorable Sandra L. Pappas
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2013 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2013 |
Date Filed 2013 |
834 37 3:05
p.m. May 2 May
2
1291 38 3:05
p.m. May 2 May
2
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 950, A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers and individual providers of direct support services; creating a Quality Consumer-Directed Services Workforce; proposing coding for new law in Minnesota Statutes, chapters 179A; 256B.
Reported the same back with the following amendments:
Page 2, line 20, delete "subdivision" and insert "subdivisions 3 and"
Page 3, line 13, delete "Representation" and insert "Certification"
Page 5, line 20, delete "This chapter" and insert "Chapter 179A"
Page 5, line 22, delete "this chapter" and insert "chapter 179A"
Page 5, line 34, delete "required"
Page 6, line 26, delete "July" and insert "September"
Page 6, line 29, delete "human" and insert "mediation"
Page 6, line 31, before "subsequent" insert "up to three"
Page 6, line 32, delete "for an additional three months" and after the period, insert "The commissioner of mediation services shall provide lists compiled under section 256B.0711, subdivision 11, paragraph (g), upon request, to any employee organizations certified as an exclusive representative of individual providers. The commissioner of human services shall provide the lists to the commissioner of mediation services, upon the request of the commissioner of mediation services."
Page 6, line 33, delete "August" and insert "October"
Page 6, line 35, delete "Representation" and insert "Certification"
Page 7, line 28, after "256B.0915" insert ", 256B.092,"
Page 7, line 31, after "services" insert "in the future"
Page 8, line 2, after "disability" insert "by the employee or the employee of the representative"
Page 8, line 7, delete "and" and insert "but" and delete "an individual from"
Page 8, line 8, delete "workforce assembled, directed, and controlled by" and insert "of" and before the period, insert ", subject to the agency's direction and control commensurate with agency employee status"
Page 8, line 17, delete "participants" and insert "a participant or a participant's representative"
Page 10, line 21, delete "providing such" and insert "affording participants and participants' representatives within the programs the option of receiving"
Page 10, delete lines 25 to 27 and insert "ability to afford to participants and participants' representatives within covered programs who chose not to employ an individual provider, or are unable to do so, the option of receiving similar services through the employees of provider agencies rather than through an individual provider."
Page 10, line 32, before the period, insert "and section 179A.54, including by modifying program operations as necessary to ensure proper classification of individual providers to require that all relevant vendors within covered programs assist and cooperate as needed in the efforts, including providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing individual providers, and to otherwise fulfill the requirements of this section, including paragraph (g)"
Page 11, line 1, after "programs" insert "within three months of hire" and delete "newly hired"
Page 11, line 2, before "regarding" insert "hired on or after January 1, 2015,"
Page 11, lines 4 and 8, before "provide" insert "have the authority to"
Page 11, line 27, after the period, insert "Except as otherwise provided by law, the commissioner shall not undertake activities in paragraph (c), clauses (3) and (4), prior to July 1, 2015, unless included in a negotiated agreement and an appropriation has been provided by the legislature to the commissioner to perform this work."
Page 11, line 28, delete "this act" and insert "section 179A.54"
Page 11, line 33, delete everything after "entity" and insert "providing relevant services within covered programs, including providers of fiscal support, fiscal intermediary, financial management, or similar services to provide support to participants and participants' representatives with regard to employing"
Page 11, delete line 34
Page 11, line 35, delete "to the employment of"
Page 12, line 1, delete everything after "commissioner's" and insert "obligations"
Page 12, line 2, delete "paragraph" and insert "paragraphs (b) and"
Page 12, line 3, delete "July" and insert "September"
Page 12, line 11, after the period, insert "In order to effectuate this section and section 179A.54, questions of employee organization access to other relevant data on individual providers relating to their employment or prospective employment within covered programs shall be governed by chapter 179A and section 13.43 and shall be treated the same as labor organization access to personnel data under section 13.43, subdivision 6. This shall not include access to private data on participants or participants' representatives. Nothing in this section or section 179A.54 shall alter the access rights of other private parties to data on individual providers."
Page 12, line 14, after "section" insert ", to gather all information that may be needed for promptly compiling required lists under this section, including information from current vendors within covered programs, and"
Page 12, after line 15, insert:
"(i) Beginning January 1, 2014, the commissioner of human services shall specifically require that any fiscal support, fiscal intermediary, financial management, or similar entities providing payroll assistance services with respect to individual providers shall make all needed deductions, on behalf of the state, of dues check off amounts or fair share fees for the exclusive representative, pursuant to section 179A.06, subdivisions 3 and 6. All contracts with entities for the provision of payroll-related services must include this requirement."
Page 12, after line 22, insert:
"ARTICLE 3
APPROPRIATIONS
Section 1.
HUMAN SERVICES.
$1,476,000 is appropriated to the
commissioner of human services from the general fund in fiscal year 2014 and
$1,287,000 is appropriated to the commissioner of human services from the
general fund in fiscal year 2015 to implement articles 1 and 2 of this act. The base for this appropriation is $2,901,000
in fiscal year 2016 and $1,823,000 in fiscal year 2017.
Sec. 2. MANAGEMENT
AND BUDGET.
$235,000 is appropriated from the
general fund to the commissioner of management and budget in fiscal year 2014
and $235,000 is appropriated from the general fund to the commissioner of
management and budget in fiscal year 2015 to implement articles 1 and 2 of this
act. The base for this appropriation is
$118,000 in fiscal year 2016 and $118,000 in fiscal year 2017.
Sec. 3. MEDIATION
SERVICES.
$207,000 is appropriated from the general fund in fiscal year 2014 to the commissioner of mediation services to implement articles 1 and 2. This is a onetime appropriation."
Amend the title as follows:
Page 1, line 4, after "Workforce;" insert "appropriating money;"
With the recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 950 was read for
the second time.
SECOND READING
OF SENATE BILLS
S. F. Nos. 17, 340 and 1564
were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Metsa; Laine; Gunther; Garofalo; Hansen; Peppin; Beard; Zerwas; Uglem; Hamilton; Kahn; Fischer; Atkins; Bly; Davnie; Huntley; Mariani; Lillie; Johnson, S.; Kieffer and Cornish introduced:
H. F.
No. 1823, A bill for an act relating to state government; proposing an
amendment to the Minnesota Constitution, article IV, section 9; authorizing a
council to establish salaries for legislators; changing the composition of the
Compensation Council; amending Minnesota Statutes 2012, section 15A.082,
subdivisions 1, 2, 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Johnson, B., introduced:
H. F. No. 1824, A bill for an act relating to retirement; public employees police and fire retirement plan; revising early retirement reductions; exempting persons at least age 47; amending Minnesota Statutes 2012, section 353.651, subdivision 4.
The bill was read for the first time and referred to the Committee on Government Operations.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 459:
Atkins, Lillie and Abeler.
Murphy, E., moved that the House recess subject to the call of
the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Simon.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 947, A bill for an act relating to human services; distinguishing and clarifying law regarding civil commitment of sexually dangerous persons and persons with sexual psychopathic personalities from other civil commitments; amending Minnesota Statutes 2012, sections 253B.02, subdivisions 18a, 24; 253B.03, subdivision 1a; 253B.045, subdivision 1a; 253B.092, subdivision 1; 253B.17, subdivision 1; 253B.185; 253B.19, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 253D.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 1113, A bill for an act relating to
natural resources; appropriating money from environment and natural resources
trust fund; modifying provisions for Legislative-Citizen Commission on
Minnesota Resources; modifying requirements for land acquisition with trust
fund money; amending Minnesota Statutes 2012, sections 116P.05, subdivisions 1,
2; 116P.09, subdivision 2; 116P.15; 116P.16; 116P.17; proposing coding for new
law in Minnesota Statutes, chapter 116P.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 194, A
bill for an act relating to commerce; preventing fraud; requiring a money
transmitter to notify the sender when someone tries to receive wired funds at a
location other than the location specified by the sender; amending Minnesota
Statutes 2012, section 53B.27, by adding a subdivision.
JoAnne M. Zoff,
Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Atkins moved that the House concur in the
Senate amendments to H. F. No. 194 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
H. F. No. 194, A bill for an act relating
to commerce; preventing fraud; regulating money transmissions; establishing a
no transmit list; requiring certain notifications and verifications; amending
Minnesota Statutes 2012, sections 13.712, by adding a subdivision; 53B.27, by
adding subdivisions.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 124 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Drazkowski
Garofalo
Leidiger
McDonald
Newberger
Pugh
Quam
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 588, A bill for an act relating to
health; requiring a hospital staffing report; requiring a study on nurse
staffing levels and patient outcomes.
JoAnne M. Zoff,
Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Atkins moved that the House concur in the
Senate amendments to H. F. No. 588 and that the bill be repassed
as amended by the Senate.
A roll call was requested and properly
seconded.
The question was taken on the Atkins
motion and the roll was called. There
were 75 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The
motion prevailed.
H. F. No. 588, A bill for an act relating to
health; requiring a hospital staffing report; requiring a study on nurse
staffing levels and patient outcomes; appropriating money.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 76 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 131, A bill for an act relating to
commerce; requiring estate sale conductors to post a bond to protect owners of
the property to be sold; proposing coding for new law in Minnesota Statutes,
chapter 325E.
JoAnne M. Zoff,
Secretary of the Senate
Slocum moved that the House refuse to
concur in the Senate amendments to H. F. No. 131, that the
Speaker appoint a Conference Committee of 3 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Atkins was excused for the remainder of
today's session.
CALENDAR FOR THE DAY
H. F. No. 826 was reported
to the House.
Davnie moved to amend H. F. No. 826, the fifth engrossment, as follows:
Page 2, line 30, delete "off the school premises" and insert "to the extent such use is reasonably foreseeable to substantially and materially disrupt student learning or the school environment"
Page 5, line 28, after the first "to" insert "avoid," and after the second "to" insert a comma
Page 7, line 17, delete the first "and" and insert a comma and after the second " to" insert ", or not engage in"
Page 8, line 2, delete "or"
Page 8, line 4, delete the period and insert "; or"
Page 8, after line 4, insert:
"(3) interfere with a person's rights of free speech and expression under the First Amendment of the United States Constitution."
Page 15, line 4, delete "20" and insert "24"
The
motion prevailed and the amendment was adopted.
Erickson, S., moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 5, line 16, after the first semicolon, insert "immediately notifying law enforcement officials if the person investigating a report of prohibited conduct against a student by a teacher, other district or school employee, or school volunteer reasonably believes that the prohibited conduct against the student is a crime;"
A roll call was requested and properly
seconded.
The question was taken on the Erickson,
S., amendment and the roll was called.
There were 123 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, S.
Kahn
Kelly
Kieffer
Kresha
Laine
Leidiger
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Moran
Morgan
Mullery
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Peppin
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Lesch
Melin
Metsa
Murphy, E.
Nelson
Pelowski
Persell
The motion prevailed and the amendment was
adopted.
Holberg moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 8, after line 5, insert:
"Sec. 4. [121A.0311]
NOTICE OF THE RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS UNDER THE
SAFE AND SUPPORTIVE MINNESOTA SCHOOLS ACT.
A district or school subject to section
121A.031 must include in the student discipline policy it distributes or
otherwise transmits to students and their parents annually at the beginning of
each school year notice about the rights and responsibilities of students and
their parents under the Safe and Supportive Minnesota Schools Act.
EFFECTIVE DATE. This section is effective for the 2013-2014 school year and later."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Holberg
amendment and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
motion prevailed and the amendment was adopted.
Kresha moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 3, line 9, delete ", consistent with this section"
Page 3, line 11, delete "under" and insert "consistent with" and delete "comply"
Kresha moved to amend his amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, delete line 3 and insert:
"Page 3, line 11, delete "under" and insert "informed by" and delete "comply""
Page 1, after line 3, insert:
"Page 7, line 5, delete "A district"
Page 7, delete lines 6 to 8
"Page 7, line 9, delete "state policy""
A roll call was requested and properly
seconded.
The question was taken on the amendment to
the amendment and the roll was called.
There were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Nelson
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
Kresha withdrew his amendment to H. F. No. 826, the fifth engrossment, as amended.
Woodard moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 3, line 32, after "commissioner" insert "and may include with the policy the total costs the district or school incurred in the immediately preceding school year to comply with this section, including the unfunded costs"
A roll call was requested and properly
seconded.
Woodard moved to amend his amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, after line 4, insert:
"Page 3, after line 32, insert:
"(e) Each district and school is not required to comply with a mandate under this section if the costs to the district exceed the funds provided by the state, and those costs are reported to the commissioner under paragraph (d).""
A roll call was requested and properly
seconded.
The question was taken on the
amendment to the amendment and the roll was called. There were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Woodard
amendment and the roll was called. There
were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Zellers was excused for the remainder of today's session.
Woodard moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 17, delete section 14
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Woodard
amendment and the roll was called. There
were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Woodard moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 7, after line 36, insert:
"Subd. 6a. Compliance. A district or school and its employees, contractors, and volunteers are immune from liability in any civil action related to prohibited conduct under this section if the district or school and its employees, contractors, and volunteers made a good faith effort to comply with the provisions of this section."
A roll call was requested and properly
seconded.
Woodard moved to amend his amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, line 3, after "Compliance" insert "and liability" and before "A" insert "Notwithstanding other law to the contrary,"
Page 1, line 4, delete "are immune from liability" and insert "and the state of Minnesota are jointly liable"
A roll call was requested and properly seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 57 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Woodard amendment and the
roll was called. There were 58 yeas and
72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Erickson, S., moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 5, line 35, delete "and"
Page 6, line 5, delete the period and insert "; and"
Page 6, after line 5, insert:
"(12) where an investigation shows that a licensed teacher engaged in prohibited conduct against a student, require the primary contact person or other school administrator to report the information to the Board of Teaching, which may act to refuse to renew, to suspend, or to revoke the teacher's license, consistent with section 122A.20, subdivision 1."
Page 9, after line 3, insert:
"Sec. 6. Minnesota Statutes 2012, section 122A.20, subdivision 1, is amended to read:
Subdivision 1. Grounds for revocation, suspension, or denial. (a) The Board of Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the school board employing a teacher, a teacher organization, or any other interested person, refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of the following causes:
(1) immoral character or conduct;
(2) failure, without justifiable cause, to teach for the term of the teacher's contract;
(3) gross inefficiency or willful neglect of duty;
(4) failure to meet licensure requirements; or
(5) fraud or misrepresentation in obtaining a
license; or
(6) prohibited conduct under section 121A.031.
The written complaint must specify the nature and character of the charges.
(b) The Board of Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or automatically revoke a teacher's license to teach without the right to a hearing upon receiving a certified copy of a conviction showing that the teacher has been convicted of child abuse, as defined in section 609.185, sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, using minors in a sexual performance under section 617.246, or possessing pornographic works involving a minor under section 617.247, or under a similar law of another state or the United States. The board shall send notice of this licensing action to the district in which the teacher is currently employed.
(c) A person whose license to teach has been revoked, not issued, or not renewed under paragraph (b), may petition the board to reconsider the licensing action if the person's conviction for child abuse or sexual abuse is reversed by a final decision of the Court of Appeals or the Supreme Court or if the person has received a pardon for the offense. The petitioner shall attach a certified copy of the appellate court's final decision or the pardon to the petition. Upon receiving the petition and its attachment, the board shall schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing action. If the board finds that the petitioner is not disqualified from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority to suspend or revoke coaching licenses.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Erickson,
S., amendment and the roll was called.
There were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
McNamar
McNamara
Morgan
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward, J.E.
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Falk
Faust
Fischer
Freiberg
Fritz
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Erickson, S., moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 6, after line 15, insert:
"(c) A local policy must include disciplinary procedures and remedial responses to intervene in and stop a school teacher, other staff person or volunteer from engaging in prohibited conduct affecting a student in the school."
A roll call was requested and properly
seconded.
Erickson, S., moved to amend her amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, after line 5, insert:
"(d) Notwithstanding other law to the contrary, a board may suspend without pay a teacher or other district or school employee who is reported under subdivision 4 to have engaged in prohibited conduct against a student. If the investigation and resulting record show the teacher engaged in the prohibited conduct against the student, the board may immediately discharge the teacher or other employee. If a teacher or other employee is suspended without pay and the investigation and resulting record show the teacher did not engage in the prohibited conduct, the board must reimburse the teacher or other employee for any salary or compensation withheld."
A roll call was requested and properly
seconded.
The question was taken on the amendment to the amendment
and the roll was called. There were 55
yeas and
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zerwas
Those who voted in the negative were:
Abeler
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Petersburg
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Erickson, S.,
amendment and the roll was called. There
were 60 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Woodard moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 5, line 24, after "provide" insert "age-appropriate"
Page 5, line 25, delete ", as appropriate"
A roll call was requested and properly
seconded.
Woodard moved to amend his amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, delete line 3 and insert:
"Page 5, line 25, delete ", as appropriate" and insert "and inform affected parents or guardians, consistent with state and federal data practices provisions, that the district or school has provided this information to the student""
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 59 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Moran
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Woodard
amendment and the roll was called. There
were 58 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Woodard moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 5, line 13, delete "at the school administrator's discretion and"
Page 5, line 15, delete "or" and insert "and, at the school administrator's discretion, notifying"
A roll call was requested and properly
seconded.
Holberg moved to amend the Woodard
amendment to H. F. No. 826, the fifth engrossment, as amended,
as follows:
Page 1, after line 2, insert:
"Page 5, line 14, delete "notifying the parent of the reported target of the""
Page 1, delete lines 3 and 4 and insert:
"Page 5, line 15, delete everything before "law" and insert "and, at the school administrator's discretion, notifying""
Page 1, after line 4, insert:
"Page 5, line 35, delete "and"
Page 6, line 5, delete the period and insert "; and"
Page 6, after line 5, insert:
"(12) implement the following
standards related to data on incidents of prohibited conduct:
(i) a presumption that a district or
school official will notify the parent of any student affected by alleged
prohibited conduct of facts related to the incident and any disciplinary or
remedial action taken by the school or district, unless notification to the
parent is otherwise prohibited by law or the official, in consultation with the
district's responsible authority, determines that notifying the parent is not
in the best interest of the student, as consistent with section 13.02,
subdivision 8;
(ii) establishment of written procedures
for affected students and parents of affected students to access all data
maintained by the school or district related to the incident, including
authorization for a student or parent to contest the accuracy or completeness
of the data, consistent with section 13.04, subdivision 4;
(iii) establishment of a schedule for
retention and destruction of data related to incidents of prohibited conduct,
including expedited destruction of data related to allegations of prohibited
conduct determined to be without factual basis;
(iv) establishment of security
procedures to ensure that, except for summary data, data on incidents of
prohibited conduct are not shared with or disseminated to any individual or
entity not expressly authorized by law to access the data, unless an affected
student or that student's parent consents to sharing or dissemination of data
on that student's involvement in the incident for the specific purpose for
which the data will be shared or disseminated; and
(v) establishment of procedures to ensure that data designated as "summary data" comply with section 13.02, subdivision 19, requiring that the data do not identify an individual or contain characteristics that could be used to ascertain an individual's identity.""
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 73 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, S.
Fabian
Faust
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lenczewski
Liebling
Lien
Loeffler
Lohmer
Loon
Mack
Marquart
McDonald
McNamara
Moran
Murphy, M.
Myhra
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward, J.E.
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Lillie
Mahoney
Mariani
Masin
McNamar
Melin
Metsa
Morgan
Mullery
Murphy, E.
Nelson
Newton
Paymar
Persell
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The motion prevailed and the amendment to
the amendment was adopted.
Anderson, S., was excused for the remainder
of today's session.
The question recurred on the Woodard
amendment, as amended, and the roll was called.
There were 66 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Faust
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lenczewski
Liebling
Lohmer
Loon
Mack
McDonald
McNamar
McNamara
Myhra
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Fischer
Freiberg
Fritz
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Morgan
Mullery
Murphy,
E.
Murphy, M.
Nelson
Newton
Paymar
Persell
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion prevailed and the amendment, as
amended, was adopted.
Daudt was excused for the remainder of
today's session.
Holberg moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 8, after line 5, insert:
"Sec. 4. [121A.24] NOTICE REQUIREMENTS FOR
STUDENT SURVEYS AND SIMILAR INSTRUMENTS.
(a) A school district must provide the parent or
guardian of a minor or dependent child with a copy of an academic or
nonacademic student survey, assessment, analysis, evaluation, or similar
instrument that solicits information about the student or student's family.
(b) When providing a copy of the instrument, the
district must make the instrument readily accessible to the parent or guardian
at the school, by mail, or by electronic means.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Holberg moved to amend her amendment to H. F. No. 826, the fifth engrossment, as amended, as follows:
Page 1, delete lines 5 to 10 and insert:
"(a) A school district must obtain prior written
informed consent from a parent or guardian of a minor or dependent child before
administering an academic or nonacademic student survey, assessment, analysis,
evaluation, or similar instrument that solicits information about the student
or the student's family concerning:
(1) political affiliations or beliefs;
(2) mental or psychological problems;
(3) sexual behavior or attitudes;
(4) illegal, antisocial, self-incriminating, or
demeaning behavior;
(5) critical appraisals of another individual with whom
a student has a close family relationship;
(6) legally recognized privileged or analogous
relationships, such as those with a lawyer, physician, or minister;
(7) religious practices,
affiliations, or beliefs;
(8) income or other income-related
information required by law to determine eligibility to participate in or
receive financial assistance under a program; or
(9) prohibited conduct under section
121A.031 where the student was the reported target of the prohibited conduct or
engaged in the prohibited conduct.
(b) When asking a parent or guardian to
provide informed written consent, the school district must:
(1) make a copy of the instrument
readily accessible to the parent or guardian at a convenient location and
reasonable time; and
(2) specifically identify the
information in paragraph (a) that will be solicited through the instrument.
The district must request the consent of the parent or
guardian at least 14 days before administering the instrument.
(c) A parent or guardian seeking to compel a school district to comply with this section has available the civil remedies under section 13.08, subdivision 4, in addition to other remedies provided by law."
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 56 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Beard
Benson, M.
Cornish
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Holberg amendment to
H. F. No. 826,
Urdahl moved to amend H. F. No. 826, the fifth engrossment, as amended, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 121A.0695, is amended to read:
121A.0695
SCHOOL BOARD POLICY; PROHIBITING INTIMIDATION AND BULLYING.
(a) Each school board shall adopt a written policy prohibiting intimidation and bullying of any student. The policy shall address intimidation and bullying in all forms, including, but not limited to, electronic forms and forms involving Internet use.
(b) A school board that uses the
Minnesota School Boards Association model policy 514 on prohibiting bullying
and model policy 524 on acceptable Internet use and safety as guidelines to
adopt and implement a policy under this section satisfies the requirements of
this section.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Urdahl
amendment and the roll was called. There
were 56 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Beard
Benson, M.
Cornish
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
The
Speaker resumed the Chair.
H. F. No. 826, A bill for
an act relating to education; providing for safe and supportive schools;
authorizing rulemaking; amending Minnesota Statutes 2012, sections 120B.36,
subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.60, subdivisions 1a, 3;
124D.10, subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 72 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Beard
Benson, M.
Cornish
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
The
bill was passed, as amended, and its title agreed to.
H. F. No. 215, A bill for an act relating
to health; permitting licensed health care professionals to order use of
physical agent modalities, electrical stimulation, and ultrasound devices;
amending Minnesota Statutes 2012, section 148.6440, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
H. F. No. 1451, A bill for
an act relating to transportation; bridges; providing for disposition of
remnant steel of I-35W bridge; proposing coding for new law in Minnesota
Statutes, chapter 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
Mack was excused for the remainder of
today's session.
H. F. No. 461, A bill for
an act relating to natural resources; requiring general permit for mechanical
control of certain cattails.
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 111 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, P.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Drazkowski
Erickson, S.
FitzSimmons
Garofalo
Hackbarth
Howe
Kieffer
Kresha
Newberger
Peppin
Sanders
Scott
Swedzinski
Torkelson
Wills
The bill was passed and its title agreed
to.
H. F. No. 161, A bill for
an act relating to probate; authorizing inventory and emergency order
protecting specified personal property of homicide victim to preserve rights of
decedent's heirs and beneficiaries; adding notice of rights and procedures to crime victims' chapter; amending Minnesota
Statutes 2012, sections 524.2-803; 524.3-614; 524.3-615; 611A.02,
subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anzelc
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Wednesday, May 8,
2013 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 894, 799, 316
and 1510; S. F. No. 523; and H. F. Nos. 1112,
392, 1136, 1114 and 653.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 131:
Slocum, Fritz and Davids.
MOTIONS AND RESOLUTIONS
Johnson, B., moved that the name of Howe
be added as an author on H. F. No. 228. The motion prevailed.
Dehn, R., moved that the names of Dorholt
and Melin be added as authors on H. F. No. 276. The motion prevailed.
Melin moved that the name of FitzSimmons
be added as an author on H. F. No. 392. The motion prevailed.
Mahoney moved that the name of FitzSimmons
be added as an author on H. F. No. 690. The motion prevailed.
Carlson moved that
H. F. No. 1054, now on the General Register, be re-referred to
the Committee on Ways and Means. The
motion prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 9:00 a.m., Tuesday, May 7, 2013. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, May 7,
2013.
Albin A.
Mathiowetz, Chief
Clerk, House of Representatives